Author: Utah Courts

Salt Lake City, UT—The Third District Juvenile Mental Health Court team has received the 2019 Governor’s Award for its dedication to helping juveniles struggling with serious mental health challenges, and their families, overcome difficulties and find healing.
The award was presented to team members on Tuesday before the Utah Substance Use and Mental Health Advisory Council (USAAV+), by council chair Scott Reed.
Third District Juvenile Judge Elizabeth Knight, who presides over the specialty court, thanked her team for their unrelenting support. She pointed out that her court doesn’t just help juveniles, but entire families.
Former juvenile defense attorney, and current Director of the Utah Division of Multicultural Affairs, Nubia Pena called Judge Knight a leader, “with compassion and grace,” saying it’s not easy to handle high-risk youth with mental health needs.
“Stepping to help youth who struggle with mental health issues is no easy task. I commend the bravery and dedication of the team members of the Third District Juvenile Mental Health Court for helping countless youth and families find healing and wholeness. They are improving lives,” said Hon. Mary T. Noonan, Utah State Court Administrator.
The team was one of four awards given out. The purpose of the aware is to recognize those who have made outstanding contributions to the substance use or mental health fields and who have effectively promoted the USAAV+ Council’s mission to create and coordinate a comprehensive strategy to effectively address substance use and mental health disorders throughout Utah.
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Grand County, UT—The Grand County Nominating Commission has selected three nominees for a judicial vacancy in the Grand County Justice Court. The position will replace Judge David Tubbs who left the position effective Nov. 3, 2019.
Following are the nominees followed by place of employment and residence:

• Judge Jon Carpenter, J.D., Judge of Carbon County and Wellington City, resident of Price
• Danalee O’Donnal, Paralegal, resident of Moab
• John “Steve” Russell, J.D., Attorney at Law, resident of Moab

A comment period will be held through Nov. 22, 2019. A final candidate will then be selected by the Grand County Council who has 60 days to make and ratify the appointment. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, please contact Amy Hernandez at amymh@utcourts.gov.

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South Weber, UT—The Davis County Judicial Nominating Commission has announced the appointment of Judge Bryan Memmott to fill the South Weber Justice Court vacancy. The position replaces Judge Reuben Renstrom who resigned effective May, 2019.
Judge Bryan J. Memmott received his B.A. from Brigham Young University in 1999. He attended law school at Arizona State University College of Law and received his J.D. in 2002. 9/11 happened during Judge Memmott’s last year of law school and he felt a deep desire to serve his country. In pursuit of this service, he was commissioned as a JAG officer in the United States Air Force and served as a Captain from 2002 to 2007. During this time he was also appointed as a Special Assistant U.S. Attorney. He honorably separated from the Air Force with distinction and commendation. Judge Memmott spent several years working at a large law firm before starting his own law firm. His practice areas include being in-house counsel, divorce mediation, family law, business law and civil litigation. He was appointed to the Plain City Justice Court in June of 2017 where he continues to serve.

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Salt Lake City, UT— The Utah Supreme Court will hear oral arguments at Utah State University Eastern in Price on Nov. 13, beginning at 10 a.m., at the Geary Events Center (451 East 400 North, Price).

The five justices will hear the following cases:
– Kay v. Barnes Bullets, 20180821-SC
– State v. Argueta, 20180814-SC

A question-and-answer session will follow the hearings.

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South Salt Lake City, UT—The Salt Lake County Nominating Commission has selected four nominees for a judicial vacancy in the South Salt Lake City Justice Court. The position will replace Judge Anna Anderson who left the position effective Sept. 30, 2019.
Following are the nominees followed by place of employment and residence:

• Melinda Bowen, J.D., Attorney at Law, resident of Cottonwood Heights;
• Joseph Hill, J.D., Attorney at Law, resident of Holladay;
• Marlene Mohn, J.D., Attorney at Law, resident of Salt Lake City;
• Ryan Richards, J.D., Attorney at Law, resident of Millcreek.

A comment period will be held through Nov. 1, 2019. A final candidate will then be selected by South Salt Lake Mayor Cherie Wood who has 30 days to make an appointment. The appointment is subject to ratification by the South Salt Lake City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, please contact Amy Hernandez at amymh@utcourts.gov.

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Salt Lake City, UT— The Utah Court of Appeals will hear oral arguments at the Moab Courthouse on Friday Oct. 18, beginning at 10:30 a.m.
The judicial panel comprised of Judge Kate Appleby, Judge Michele Christiansen Forster, and Judge Ryan M. Harris will hear the following case:

Wallingford v. Moab City – 10:30 a.m. 20180542-CA

Arguments will be held at the Moab Courthouse in Grand County, 125 East Center Street, Moab, UT 84532.

Below is a summary of the case:

Wallingford v. Moab City, Case No. 20180524: In 2008, the Moab City Council approved a development project (the Project), known as Lionsback Resort, just east of Moab off of Sand Flats Road. As originally envisioned, the Project was comprised of, among other things, 188 single-family lots and a 50-unit nine-building hotel, with each unit in the hotel containing three rooms. Construction was delayed for various reasons, including a prior appeal that was resolved in favor of the City. In 2016, the developers sought a revision to the Project that would, among other things, consolidate all of the proposed hotel units into one larger building and allow each room to be locked off and potentially owned or rented separately, creating a 150-room capacity but not altering the overall project footprint. The Moab Municipal Code states that “minor changes” to land use applications may be approved by city staffers, without a public hearing, but mandates that “major changes” “shall not be permitted without prior review and approval by the planning commission,” including a public hearing. At the developers’ request, and after much negotiation, the City considered the amendments requested in 2016 to be “minor changes,” and approved them without holding a public meeting. This decision was challenged by a group of Moab residents, who believed that the amendments requested in 2016 were “major changes” that should have required a public hearing and formal approval by the planning commission. They filed a lawsuit asking the court to declare the City’s approval of the amendments illegal, and to require a public hearing. The trial court dismissed their claims, and they are now appealing. The underlying question presented in the appeal is whether the changes that the developer requested in 2016 are the sort of changes that a municipality can approve without public input, or whether those changes are substantial enough to warrant a public hearing before approval. The appeal also presents procedural questions about the deference courts should afford municipal decisionmakers in cases like this one, and whether the resolution of this issue by the city constituted a negotiated settlement of a dispute rather than a land use decision.

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Woods Cross, UT—The Davis County Judicial Nominating Commission has announced the appointment of Judge Bryan Memmott to fill the Woods Cross Justice Court vacancy. The position replaces Judge Reuben Renstrom who resigned effective May, 2019.
Judge Bryan J. Memmott received his B.A. from Brigham Young University in 1999. He attended law school at Arizona State University College of Law and received his J.D. in 2002. 9/11 happened during Judge Memmott’s last year of law school and he felt a deep desire to serve his country. In pursuit of this service, he was commissioned as a JAG officer in the United States Air Force and served as a Captain from 2002 to 2007. During this time he was also appointed as a Special Assistant U.S. Attorney. He honorably separated from the Air Force with distinction and commendation. Judge Memmott spent several years working at a large law firm before starting his own law firm. His practice areas include being in-house counsel, divorce mediation, family law, business law and civil litigation. He was appointed to the Plain City Justice Court in June of 2017 where he continues to serve.

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Saratoga Springs, UT—The Utah County Judicial Nominating Commission has scheduled a meeting on Nov. 5, 2019 to review applications for the vacancy in the Saratoga Springs Justice Court. The successful candidate will replace Judge Carolyn Howard who resigned as of August 2019. The Commission will begin the meeting at 8 a.m. at the Saratoga Springs City Hall located on 1307 North Commerce Drive Suite 200 in Saratoga Springs, Utah 84045.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and improvements to the system. Public comments will be accepted from 8 a.m. to 8:20 a.m. Following the public comment period, the meeting will be closed to allow commission members to review applications for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Amy Hernandez at (801) 578-3809 or amymh@utcourts.gov to request an appointment.

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Grand County, UT—The Grand County Judicial Nominating Commission has scheduled a meeting on Oct. 15, 2019 to review applications for the vacancy in the Grand County Justice Court. The successful candidate will replace Judge David Tubbs who will leave the position effective November 2019. The Commission will begin the meeting at 8 a.m. at the Seventh District Courthouse located on 125 E. Center Street in Moab, UT 84532.
The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and improvements to the system. Public comments will be accepted from 8 a.m. to 8:20 a.m. Following the public comment period, the meeting will be closed to allow commission members to review applications for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Amy Hernandez at (801) 578-3809 or amymh@utcourts.gov to request an appointment.

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Salt Lake City, UT— The Utah Court of Appeals will hear oral arguments at Southern Utah University on Thursday Oct. 10, beginning at 10 a.m.
The judicial panel comprised of Judge Gregory Orme, Judge David Mortensen, and Judge Diana Hagen will hear the following cases:

Utah Paiute Tribal Housing v. Workforce Services – 10:00 a.m.

Rojas v. Montoya – 11:30 a.m.

A Q&A session will take place afterward. Arguments will be held in the Hunter Conference Center, Gilbert Great Hall, 351 West Center Street, Cedar City.