Utah

19 ‘right to dry’ states outlaw clothesline bans; is yours among them?

Once upon a time, a clothesline was a standard feature of most back yards. But concern that publicly airing clean laundry attached with clothespins to a rope or wire was unsightly, or obstructed views, or even created a safety risk (strangulation is sometimes cited) led a number of condominium associations…

Aug 14, 2013 8:24 PM CDT

Cops in high-speed chases owe duty to fleeing suspects, Utah Supreme Court rules

Ruling in the case of a teen who died in a high-speed chase, the Utah Supreme Court has held that police owe a statutory duty of care to fleeing suspects. The state court had previously ruled that police owed a duty of care to innocent third parties during high-speed police…

Aug 8, 2013 2:20 PM CDT

Utah scraps English-only rule for prison visits

Prisoners and their visitors in Utah will be able to speak to one another in Spanish or any other language now that officials there have scrapped an English-only policy. The new prison chief, Rollin Cook, pledges to have signs advising “All visits will be conducted in English” to be removed…

Jul 11, 2013 7:15 PM CDT

Jury awards $12.8M in negligence case against Stoel Rives and real estate leader

A jury in Utah has awarded $12.8 million in a negligence suit against Stoel Rives and a Salt Lake partner who chaired the national real estate practice group for the 400-attorney Portland, Ore.-based law firm. Former client David Bernolfo, who is represented by Michael Mihm of Ogborn Mihm, had asked…

Jun 28, 2013 10:20 AM CDT

Federal judge sequesters 19 lawyers in jury room, tells them to ‘identify genuine issues’ by 2 pm

A federal judge put 19 lawyers in his Salt Lake City jury room on Monday morning and told them he hoped they would “identify genuine issues” in a nearly 40-year-old case over the prosecution of crimes on an Indian reservation by the time he returns to the bench at 2…

Jun 24, 2013 6:50 PM CDT

Former Utah AG resigns from new job at Troutman Sanders, cites ‘just too hard’ commute and schedule

The former attorney general of Utah has resigned his new job as a partner in the Washington, D.C., office of Troutman Sanders, calling the commute to work and his national speaking schedule “just too hard,” the Salt Lake Tribune reports. “I just decided I couldn’t do it anymore,” Mark Shurtleff…

Jun 3, 2013 9:12 PM CDT

Teen goalie is charged with homicide by assault in ref’s death

A 17-year-old goalie from Utah has been charged with third-degree felony homicide by assault after he was accused of punching a volunteer soccer referee who later died. Salt Lake County prosecutors are seeking to move the case into adult court, report the New York Times and the Salt Lake Tribune.…

May 9, 2013 3:02 PM CDT

Silver lining in threatened lawsuits over indigent defense, says editorial

In Utah, counties are on their own when it comes to indigent defense. The state provides no funding and no oversight. The problem, according to the Salt Lake Tribune, is the “likelihood that such a system will be wildly inconsistent.” In an editorial, the newspaper praises the judicial system for…

Apr 11, 2013 10:35 AM CDT

Couple give up custody battle over adopted toddler who court returned to father

A Utah couple have given up their fight for custody of the 21-month-old girl they adopted at birth. Jared and Kristi Frei say the ongoing legal battle over custody isn’t worth the “potential psychological damage” it could have on the child, the Salt Lake City Tribune reports. The Freis have…

Feb 15, 2013 4:13 PM CST

Accused of extorting indigent clients to increase his fees, former public defender faces trial

A former public defender in Utah is set to go to trial in Panguitch this week on charges that he used his position to extort money and items of value from more than a half-dozen clients. Onetime Garfield County public defender John E. Hummel is accused of pressuring at least…

Jan 28, 2013 10:28 PM CST

Fugitive Immigration Lawyer Arrested After 2 Years on the Run, Authorities Say

A Utah immigration lawyer who has been considered a fugitive since violating pretrial release conditions in a federal visa fraud case has been caught at the U.S. border, near a California-Mexico entry point. James Hector Alcala, 44, was criminally charged in 2009, along with his law firm and other defendants,…

Jan 9, 2013 10:00 PM CST

Top Utah Court Nixes Attorney’s Effort to Bring 3rd Party into Discipline Case

Utah’s top court has nixed an effort by a lawyer to bring a new third party, a client-related entity, into an attorney disciplinary case. The impleader had been granted by a state district court, pursuant to the Utah Rules of Civil Procedure. But in a Tuesday ruling (PDF) on an…

Dec 5, 2012 2:45 PM CST

State Justices, Legislators on Panel Shared Success Stories on Tackling Judiciary Budget Concerns

State chief justices and court administrators met this week in Washington, D.C., to discuss policy priorities for the upcoming year and beyond. Many of them took time Thursday to join in or attend a panel discussion concerning best practices and methods for dealing with severe budgeting constraints. They heard plenty…

Nov 15, 2012 9:02 PM CST

Wrongful Death Suit Filed in Car Crash Cites Nebraska Fetal Protection Law

A wrongful death suit filed on behalf of a Maryland family killed in a Nebraska car crash also seeks damages for the death of a fetus. The case may be the first civil suit based on Nebraska’s 2003 law expanding legal protections to fetuses at any stage of development, the…

Nov 5, 2012 2:31 PM CST

Utah AG Takes Stand re Unpaid $5.6M Judgment, Expresses Relief at Not Being Jailed

The top law enforcement official in Utah expressed relief Friday that a state court judge didn’t jail him for contempt months after a deadline expired for paying a $5.6 million court-ordered bill for services provided by a Salt Lake City accountant, lawyers and others responsible for liquidating a communal land…

Nov 2, 2012 9:41 PM CDT