Utah Courts Recent Press Notifications

Salt Lake City, UT – The Utah Court of Appeals will hear two oral arguments at the University of Utah on Wednesday, April 3, 2024, beginning at 10:30 a.m. Arguments will be held at the SJ Quinney College of Law, 383 South University Street, Salt Lake City, and are open to the public. The judicial panel will be comprised of Associate Presiding Judge Ryan M. Harris, Judge Gregory K. Orme, and Judge Ryan D. Tenney. The panel will hear the following cases:

State v. Begay, 20230228 – 10:30 a.m.

In 2021, L.Z. reported to police that, 25 years ago, in 1996, when she was 13-years-old, then-22-year-old Sylvestor Begay had raped her. The State filed rape and sexual assault charges against Begay. Soon thereafter, Begay asked the district court to dismiss the case, asserting that the case had been filed too late and was therefore barred by the applicable statute of limitations. The court denied the motion and Begay appealed that denial.

The statute of limitations applicable here states that a valid prosecution may “be commenced…within four years after” the offense is “report[ed]” to “a law enforcement agency.” The State contends that the statute of limitations did not start to run until 2021 when L.Z. reported the alleged rape to police officers. Begay, on the other hand, contends that the statute of limitations started running way back in 1998, when another girl reported to police that Begay had sexually assaulted her and, in the course of making that report about her own assault, also told police that “the same things had happened to” L.Z. Thus, the question presented in the case is whether the other girl’s 1998 conversation with police constitutes a “report” of Begay’s alleged offense against L.Z. Begay asserts that it does, but the State contends otherwise, asserting that it was not intended as a report and was not specific enough to qualify as such.

Hallet v. Tully, 20230364 at 11:00 a.m

Plaintiff suffered a stroke while vacationing in southern Utah. She later brought this medical malpractice action, claiming that a misdiagnosis resulted in her early discharge from the hospital and led to her stroke, which had disastrous consequences for her. She appeals the trial court’s entry of judgment in favor of defendant the close of her case at trial, the court having concluded that she did not adduce sufficient evidence from which the jury could conclude that she had met her burden of proof with respect to causation. Relatedly, she challenges the pretrial exclusion of one of her expert witnesses and limitations imposed on the testimony of another witness, which witness and testimony, she argues, would have strengthened her causation evidence. Defendant, an emergency room physician assistant, contends that the challenged rulings of the trial court were correct.

Please note that these case summaries have been prepared for educational purposes only, as a convenience to students, the public, and the press. They have been prepared by court staff and do not necessarily reflect the judges’ views about the case.

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Washington City, Utah—Applications are being accepted for a justice court judge position that will serve Washington City, Utah. The position will replace Judge Jake Graff who will resign in June.

To be considered for a justice court judgeship in Washington County, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have a  degree from a law school that would make one eligible to apply for admission to a bar in any state in the United States. In addition, applicants must be a resident of Washington County, an adjacent county, or the judicial district in which the justice court is located either upon appointment or within a reasonable time following appointment.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office  form must be completed and is available on the court’s website (www.utcourts.gov/admin/jobs).  The salary range for the position is $71,865 to $92,398 per year. For additional information about

working for Washington City, email Jeremy Redd at citymanager@washingtoncity.org or call him at (435) 656-6313.

The deadline for applications is Monday, April 1, 2024 at 5 p.m. and should be sent to the  attention of Jim Peters, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City,  UT, 84114-0241. Applications received after the deadline will not be accepted. For questions about the justice courts or the process for filling this position, email Jim Peters, Justice Court  Administrator, at jamesp@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the  mayor of Washington City, Kress Staheli, within 45 days of its first meeting. Mayor Staheli will then have 30 days in which to select a finalist. His selection must then be ratified by the Washington City Council and certified by the Utah Judicial Council.

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Salt Lake City, UT – The Third District Criminal Commissioner nominating committee submits the following names for public comment: Melissa Stirba, Todd Olsen, William Carlson.  Anyone wishing to make a comment regarding the following in relation to the potential appointment of the Criminal Commissioner position may do so within the next 10 days by sending an email to markp@utcourts.gov.

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Murray, Utah—The Murray Judicial Nominating Commission has selected four nominees for a justice court judge position that will serve Murray, Utah. The final candidate will replace Judge Paul Thompson who will retire in May.

Following is an alphabetical listing of the nominees followed by place of employment and residence:

∙ Spencer Banks, J.D., Attorney at Law, resident of Bluffdale,

∙ Matthew Brass, J.D., Attorney at Law, resident of Farmington,

∙ Kimberly M. Crandall, J.D., Attorney at Law, resident of Riverton, and

∙ Colleen K. Magee, J.D., Attorney at Law, resident of Midvale.

A comment period will be held through February 3, 2024. Once application materials are provided to the Murray City Mayor, he will have 30 days to make a final selection. His selection must then be ratified by the Murray City Council. To submit written comments about any of the candidates, please email James Peters, Justice Court Administrator, at jamesp@utcourts.gov.

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Murray, Utah—The Murray Judicial Nominating Commission has scheduled a meeting on January 17, 2024 to review applications for a justice court judge position that will serve Murray, Utah. The position will replace Judge Paul Thompson who will retire in May. The Commission will begin the meeting at 1:00 p.m. in the Murray City Hall, which is located at 10 East 4800 South in Murray,  Utah.

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 1:45 p.m. to 2:15 p.m. Following the public comment period, the meeting will be closed to allow commission members to review applications for the vacancy.

Individuals interested in submitting oral or written commentary to the commission during the public comment portion of the meeting should contact Jim Peters at (801) 578-3824 or  jamesp@utcourts.gov to request an appointment.

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Salt Lake City, Utah—Applications are being accepted for justice court judges pro tempore. This position is considered voluntary without compensation. The judge pro tempore will oversee the small claims cases for the Salt Lake City Justice Court.

To be considered for this position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have been admitted to the practice of law in Utah for a minimum of four years.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. A small claims judge pro tempore application must be completed and is available on the court’s website (www.utcourts.gov/admin/jobs). For application information, contact Dee Dee Sonntag at (801) 578-3820 or by email at doriss@utcourts.gov. For scheduling and other court-specific information, contact Tammy Shelton at Tammy.Shelton@slcgov.com.

The deadline for applications is Monday, February 12, 2024, at 5 p.m. All completed applications should be emailed to doriss@utcourts.gov. If appointed, a judge pro tempore shall complete a small claims orientation program within one year after appointment and thereafter complete at least three hours of small claims education annually.

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Provo, Utah — The next regularly scheduled meeting of Utah’s grand jury panel of judges will be on Thursday, January 11, 2024, at the Provo 4th District Courthouse, located at137 N Freedom Blvd Provo UT 84601.1

The purpose of the meeting is to hear testimony, if any, to determine whether a grand jury should be summoned based upon evidence of criminal activity. The panel of judges will hear, in secret, individuals claiming information that justifies calling a grand jury. Individuals appearing before the panel of judges will be placed under oath. An individual who testifies must be prepared to provide evidence to support a claim that justifies calling a grand jury. 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. Controversies between individual parties, civil matters, and matters that are subject to criminal appeal will not be considered.

Those wanting to testify before the panel of judges should contact Keri Sargent, Assistant District Court Administrator, Administrative Office of the Courts, at (801) 238-7547 by Tuesday, January 2, 2024, at noon, to schedule an appointment and arrange to receive further specific instructions. Any individual needing special accommodation during the hearing must notify panel staff at least three business days prior to the hearing. If no appointments are scheduled by the appointed time, the meeting will be canceled without further notice.

The current members of the grand jury panel of judges are: Supervising Judge Elizabeth Hruby-Mills, 3rd District Court; Senior Judge Lynn W. Davis, 4th District Court; Judge Angela Fonnesbeck, 1st District Court; Judge Matthew Bell, 5th District Court; and Judge Paul Parker, 3rd District Court. Additional information regarding the grand jury panel of judges is available at the Utah Court’s website2 or in the Utah Code.3

1 Utah’s grand jury statute requires a panel of judges selected from throughout the state to hold a hearing in each judicial district every three years.

2 http://www.utcourts.gov/cal/grandjury

3 https://le.utah.gov/xcode/Title77/Chapter10A/77-10a-S2.html?v=C77-10a-S2_2018050820180508

Summit County, Utah—The Summit County Judicial Nominating Commission has scheduled a meeting on November 30, 2023 to review applications for a justice court judge position that will serve Summit County. The position will replace Judge Shauna Kerr who will retire in January. The  Commission will begin the meeting at 8:00 a.m. in the Summit County Sheldon Richins Building, which is located at 1885 West Ute Boulevard in Park City, Utah.

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 8:30 a.m. to 9:00 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 submitting oral or written commentary to the commission during the public comment portion of the meeting should contact Jim Peters at (801) 578-3824 or  jamesp@utcourts.gov to request an appointment.

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Provo, Utah—The Provo Judicial Nominating Commission has selected four nominees for a justice court judge position that will serve Provo, Utah. The final candidate will replace Judge Rick Romney who will retire next month.

Following is an alphabetical listing of the nominees followed by place of employment and residence:

∙ Richard T. Kennerley, J.D., Attorney at Law, resident of Orem,

∙ Stephen H. Schreiner, J.D., Attorney at Law, resident of Springville,

∙ Spencer Thomas, J.D., Attorney at Law, resident of Spanish Fork, and

∙ Bob Trombly, J.D., Attorney at Law, resident of Orem.

A comment period will be held through November 24, 2023. Once application materials are  provided to the Provo City Mayor, she will have 30 days to make a final selection. Her selection must then be ratified by the Provo City Council. To submit written comments about any of the candidates, please email James Peters, Justice Court Administrator, at jamesp@utcourts.gov.

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