Author: Utah Courts

Salt Lake City, UT — Utah Supreme Court Justice Matthew B. Durrant has been elected to serve a second term as chief justice by a unanimous vote of his fellow justices.

Justice Durrant was appointed to the Utah Supreme Court in January 2000 by Governor Michael O. Leavitt. He was selected as Chief Justice in 2012 when then Chief Justice Christine Durham stepped down from that role, but chose to stay on the Utah Supreme Court.

Once elected by a vote of the justices, the chief justice serves a four-year term. The chief justice presides over the Utah Supreme Court, as well as the Utah Judicial Council, which oversees the administrative operations of Utah State Courts.

“I feel privileged to work with four colleagues who are not only exemplary jurists, but remarkable human beings. I am deeply honored by the trust they have placed in me,” Durrant said.

Before his appointment to the Utah Supreme Court, Justice Durrant served as a trial judge in the Third Judicial District. He was the founding chair of the Supreme Court’s Professionalism Committee and has chaired the Judicial Council’s Technology Committee. In addition, Justice Durrant chaired the Supreme Court Committee charged with the revision of the Code of Judicial Conduct. He received his law degree from Harvard Law School in 1984, and has taught as an adjunct professor at Brigham Young University’s J. Reuben Clark Law School.

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Cedar City, UT — A panel of judges is scheduled to meet on May 12, 2016, to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place at the Cedar City Courthouse, 40 North 100 East, Iron County.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by May 2, 2016, to schedule an appointment. If no appointments are scheduled by May 2, the meeting will be canceled without further notice.

Individuals testifying must be prepared to give evidence to support claims that justify calling a grand jury. Controversies between individual parties will not be considered. Individuals who need special accommodations during the hearing must notify the court at least three business days prior to the hearing.

Utah’s Grand Jury Statute requires a panel of judges selected from throughout the state to hold hearings in each judicial district every three years. The purpose of the hearings is to determine if a grand jury needs to be summoned based on evidence of criminal activity. The Grand Jury Panel is comprised of the following judges: Supervising Judge W. Brent West, 2nd District Court; Judge Lynn W. Davis, 4th District Court; Judge Elizabeth Hruby-Mills, 3rd District Court; Judge Eric A. Ludlow, 5th District Court; and Judge Kara Pettit, 3rd District Court.

The Attorney General, a county attorney, district attorney, or special prosecutor appointed under U.C.A. section 77-10a-1 can also present evidence of criminal activity. The panel of judges will hear, in secret, all persons claiming information that justifies calling a grand jury. All individuals appearing before the panel of judges will be placed under oath. If a grand jury is summoned, the jurors will be called from the state-at-large or any judicial district within the state. Additional information is available at http://legacy.utcourts.gov/cal/grandjury.
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Fairview, UT—The Sanpete County Nominating Commission has selected three nominees for an upcoming vacancy at the Sanpete County Justice Court. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

Following are the nominees followed by place of employment and residence:
• Matthew Lamar Duffin, JD; Utah Valley University Associate Professor; Spanish Fork
• LuAnn H Greenwell; Retired fromWells Fargo Bank; Fairview
• Honorable Judge Mark Kay McIff; Sevier and Piute County Justice Court Judge, Attorney at Law; Richfield

A comment period will be held through April 15, 2016, before a final candidate is selected by the Mayor of Fairview City, Jeff Cox, who has 30 days to make an appointment. The appointment is subject to ratification by the Fairview City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, melisses@utcourts.gov.
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Farmington, UT—The Second District Commissioner Nominating Committee has selected four nominees for an upcoming commissioner vacancy. The position will replace David S. Dillon who will retire effective June 30, 2016.

The nominees are:
• David Benard who currently serves as an assistant attorney general, representing DCFS cases. Benard has been with the Utah Attorney General’s Office since 1999. Prior to his service in the AG’s Office he was an associate and partner with Palmer & Palmer, which changed to Palmer & Benard.

• Thomas R Morgan who currently serves as a family law private attorney. Prior to 2006 he was with Robert Echard & Associates.

• Andrew P. Munson who currently serves as a law clerk for US District Court Judge David Nuffer. Munson previously has served as an attorney law clerk and traffic court referee with the Utah State Courts, starting in 2010.

• Jennifer Spangenberg who currently serves as a guardian ad litem attorney with the Office of Guardian ad Litem. Prior to that, she was with Utah Legal Services, where she served as a staff attorney and managing attorney since 2008.

A comment period will be held through April 19, 2016, before a final candidate is selected. The Utah Judicial Council must then certify the appointment within 45 days of selection. To submit written comments about the candidates, contact Jane Olsen, Administrative Office of the Courts, janeo@utcourts.gov.
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Fairview City, UT — The Sanpete County Judicial Nominating Commission has scheduled a meeting on April 4, 2016, to select a candidate for the Fairview City Justice Court to replace Judge Ivo Peterson, who will resign effective July 1, 2016. The commission will begin the meeting at 8:30 a.m. at the Fairview City Center on 85 South State Street in Fairview.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments will be accepted from 8:30 a.m. to 9:00 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at legacy.utcourts.gov.

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Garfield County, UT— The Garfield County Nominating Commission has announced the appointment of the Gary Owens to fill the Garfield County Justice Court vacancy. The position will replace Judge Russell B. Bulkley who will retire effective March 31, 2016.

Owens is a lifelong resident of Garfield County. He and his wife, Karla, are the parents of four children and grandparents of nine grandchildren. Gary has loved the opportunity to live, work and play in rural Utah. Mr. Owens is retired from the State of Utah Rode Crew and currently works as a real estate agent, a part-time truck driver and is an owner of Karla’s Diner.

His appointment to the bench is subject to completion of the court’s new judge orientation and certification by the Utah Judicial Council.

Farmington, UT— The Davis County Nominating Commission has announced the appointment of the John Carl Ynchausti to fill the Davis County Justice Court vacancy. The position will replace Judge Jerald L. Jensen, who resigned on October 30, 2015.

Ynchausti has served as a prosecutor for almost 20 years, and is currently the Bountiful Assistant City Attorney and Prosecutor. Ynchausti received a Bachelor of Arts degree in History with a minor in Italian from the University of Utah and a Juris Doctorate from the University of Idaho. Ynchausti has worked as a law clerk for Judge James J. May in Sun Valley, Idaho, and has worked as a civil practitioner in the fields of adoption, employment law, family law and general litigation. Ynchausti has served on several Utah State Bar committees, has been a mediator for the Utah Industrial Commission’s Anti-Discrimination Division, and is a member of the Rex E. Lee American Inn of Court. For almost 25 years he has been appointed by the Second District Court to represent patients in the civil commitment process and also serves as an Instructor on the topic of civil commitment for the Davis County Crisis Intervention Team program.

Ynchausti’s appointment to the bench is subject to completion of the court’s new judge orientation and certification by the Utah Judicial Council.

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Kanab, UT—The Kane County Nominating Commission has selected three nominees for an upcoming vacancy at the Kane County Justice Court. The position will replace Judge F. Kirk Heaton who will retire effective June 30, 2016.

Following are the nominees followed by place of employment and residence:
• Alan Carl Johnson; South Central Communications OSP Engineer; Panguitch
• Gary Lowell Johnson; Judge Pro Tem for Kane County Justice Court; Kanab
• Terry Donald Lee; Terry Lee Investigations; Cedar City

A comment period will be held through March 29, 2016, before a final candidate is selected by the Kane County Commission Chair, who has 30 days to make an appointment. The appointment is subject to ratification by the Kane County Commission. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, melisses@utcourts.gov.
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Kane County, UT — The Kane County Judicial Nominating Commission has scheduled a meeting on March 15, 2016, to select a candidate for the Kane County Justice Court to replace Judge F. Kirk Heaton who will retire effective June 30, 2016. The commission will begin the meeting at 1:30 p.m. at the Kane County Commission Chambers on 76 North Main Street in Kanab.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 1:30 p.m. to 2 p.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at legacy.utcourts.gov.

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Salt Lake City, UT — Utah State Court judges and administrators took time to honor the passing this past weekend of a long-time leader of Utah’s judicial system.

Judge James Z. Davis was appointed to the Utah Court of Appeals by Gov. Michael O. Leavitt in November 1993. He served two terms as presiding judge of the court of appeals and retired in November 2015. He was the first judge appointed to the court of appeals who was not among the original appointees when the court was organized in 1987.

“The Court of Appeals family will miss our beloved colleague and friend, Judge Jim Davis. He was a towering presence with a personality to match,” said Utah Court of Appeals Presiding Judge Fred Voros. “His legal learning, common sense, and practical wisdom allowed him to cut right to the heart of even a complex case.”

“It was my pleasure to serve with Jim Davis for nearly 22 years,” said Utah Court of Appeals Associate Presiding Judge Gergory Orme. “He was a great guy and a treasured colleague. His thorough preparation, consistently hard work, and keen sense of humor were the hallmarks of his service on the court. He will truly be missed.”

In addition to his distinguished service on the Utah Court of Appeals, Judge Davis had a long and exemplary career in law. He received his law degree from the University of Utah College of Law in 1968. He served in military intelligence in the U.S. Army until 1970. Judge Davis was in private practice from 1971 to 1977, served as Deputy Weber County Attorney and Weber County Police Legal Advisor from 1973 to 1982, was a partner in Thatcher, Glasmann & Davis from 1977 to 1982, and a shareholder and director at Ray, Quinney & Nebeker from 1982 until his appointment to the bench. Judge Davis was president of the Utah State Bar from 1991 to 1992, served as Bar representative on the Utah Judicial Council, and was also selected by the court of appeals on three occasions to serve as that court’s representative on the Utah Judicial Council.

In 2014, Judge Davis received the Lifetime Service Award from the Utah State Bar.

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