Judicial Profile — Judge Charlene Barlow

Judge Charlene Barlow was appointed in October 2010 by Governor Gary Herbert.  Her 30 plus years as a prosecutor prepared her well for the challenges of her West Jordan caseload.  Judge Barlow prosecuted for Orem City, Provo City and Utah County before joining the Utah Attorney Generals’ office in 1988.  While at the AG’s office she worked in Criminal Appeals,  prosecuted  Financial Crimes and was the Division Chief of the Consumer Enforcement Unit.

Judge Barlow grew up on a farm in Idaho with two siblings.  She attended Ricks College and Brigham Young University where she graduated with a degree in English. She taught school for five years before returning to school to pursue her law degree at the J. Reuben Clark Law School.

She was always drawn to criminal law and has worked in that area of law for most of her career.

Her attraction to a career in the judiciary arose from a belief that her litigation and life experiences would allow her to assist people with their problems.  Consequently, her greatest satisfaction with this job has been the ability to help the parties who appear before her to resolve their legal matters or at least engage in a fair process.  The most challenging part of the job has been making decisions in homicide cases, where the stakes are so high, and dealing with the emotions in her domestic relations calendar.

Tips for the practitioners who appear before her: She appreciates attorneys who are well-prepared, have narrowed the issues and have resolved those that can be resolved, prior to the court hearing.  Her biggest pet peeve is lawyers who continue to talk well after they have made their point.  Judge Barlow values efficiency in her court room, as a result she dislikes anything that wastes the valuable time of those appearing before her. She recognizes the importance of the transition to e-filing and has become comfortable with viewing court documents on the computer on her bench.

Away from the courthouse, she enjoys reading and watching her grand-nephews play sports.  Judge Barlow is an avid fan of the BYU Cougars and has a reputation as a fabulous baker, often sharing her baked goods with court employees.

Judicial Profile — Judge Katherine Bernards-Goodman

Judge Katherine Bernards-Goodman, who spent her childhood in Southern California, moved to Orem as a teenager.  It was a bit of a culture shock.  She attended BYU and received an associate degree in childhood education.  She quickly realized, however, that teaching was not her calling.  She returned to school, this time at the University of Utah, and obtained a degree in psychology.  She then attended law school at the S.J. Quinney College of Law.

After graduating, she briefly worked at Christensen & Jensen and then joined the Salt Lake County District Attorney’s Office.  After experiencing first hand her intelligence, easy manner and great sense of humor, I was not surprised to learn that Judge Robert K. Hilder, with whom she worked at C&J, was a friend, mentor, and later, judicial role model.  

During her 21 years as a prosecutor, she prosecuted child abuse and neglect cases in the juvenile court system and child sex abuse cases and major offender cases in the adult court system.  She prosecuted several high profile cases, including the Cathy Cobb “cold” case and the Brook Shumway case, which involved a 15-year old boy who stabbed his friend 38 times during a sleep-over. She helped the first drug courts in Utah continue and grow, which support evidence based practices in recovery, personal accountability, alternatives to incarceration, and public safety.  She spent seven years working with the State Drug Court Working Group.

In June 2010, Governor Herbert appointed her to the Third Judicial District Court.  While she has been presiding over a criminal calendar, she recently assumed Judge Faust’s calendar, which is comprised of approximately 20% civil cases. 

Judge Bernards-Goodman was one of the first judges assigned to handle cases in the new Early Case Resolution Program, which identifies cases that can be easily resolved such as property, drug and public nuisance cases. She is confident that the Program will save scarce judicial resources for cases involving more serious crimes.

While she clearly loves being a judge, there are certain things she misses about being a prosecutor.  What does she miss the most?  Believe it or not, the phone calls in the middle of the night summoning her to a crime scene to work with police officers.  She also misses controlling the case, including the presentation of the evidence.   

Having recently made the transition from prosecutor to judge, I asked her what advice she had for lawyers, especially new lawyers?  Be prepared and be civil.  She will not hesitate to take a lawyer aside if he/she is being uncivil or using inappropriate language in briefs or at oral argument.   In the courtroom, she tries to emulate Judge Atherton and Judge Trease. For civil matters and because pleadings are filed electronically, she appreciates courtesy copies with determinative cases attached. 

She has three children:  two sons and one daughter.  In her very limited free time, she enjoys working out, shopping, and spending time with her 5-year old granddaughter.

Judicial Profile — Judge Andrew Stone

Judge Andrew Stone was born in Pennsylvania, lived in California, and then moved to Utah when he was a teenager.  He graduated from the University of Utah with a degree in biology.  Having no interest in medicine and not wanting to leave Utah to pursue an academic career, he decided to take a year off and then go to law school.  He loved it and knew almost immediately that he wanted to be a trial lawyer. 

After graduation, he clerked for the Honorable Bruce S. Jenkins and then moved to Washington D.C. to join the prestigious Department of Justice Attorney General’s Honors Program, where he gained invaluable experience litigating cases involving important public policy issues or large amounts of money.  The topics ranged from rural electrification cooperatives to wheat storage to body bags.  He relished the opportunity of delving deeply into the cases and issues without the extraordinary caseload of an Assistant U.S. Attorney. 

After fulfilling his two-year commitment to the Honors Program, he accepted an offer from Jones Waldo and returned to Salt Lake City, where his practice focused on antitrust and business litigation for over 20 years.  He was repeatedly recognized for his expertise and advocacy skills, being named to Best Lawyers of America.  He also served on the firm’s board of directors and executive committee. 

With the encouragement of Judge Deno Himonas and others, he decided to apply for a judgeship.  Having recently gone through the judicial nomination process, I asked Judge Stone what advice he would give lawyers who are considering applying?  He emphasized that you need to be patient and recognize that you will receive little feedback during the process; that the process may be very disruptive to your practice; and that it will take a lot of time.  Is it worth it?  Absolutely Judge Stone says.

Indeed, although Judge Stone sometimes misses the social aspect of private practice and being the designated hitter instead of the umpire, he has found the work of a trial judge incredibly rewarding.  He is surprised by how much of his job involves pro se litigants and parties from all walks of life, most of whom who are interacting with the judicial system for the very first time.  Unrepresented parties are often intimidated, and Judge Stone believes it is very important to make them feel like they are getting a fair shake. 

What makes his job as a trial judge easier?  Lawyers who are well prepared. Lawyers who approach oral argument as an opportunity to have a dialogue with the court about the problematic issues in the case.  Lawyers who understand relevance and the importance of focusing on their most persuasive arguments.  Also, although it should go without saying, Judge Stone says to be prepared and be civil.  During oral argument, Judge Stone likes to ask questions.  If he feels one party has a strong position, he may start out by asking the other party why he shouldn’t rule against it.  He keeps an open mind and says that his initial leaning on an issue is often changed by oral argument.

Some practical advice?  He reminds lawyers that the Third District Court has gone electronic and that he reads the pleadings on his iPad.  Consequently, there is no need to provide him with courtesy copies prior to a hearing.  In his “dream” world, lawyers would provide him with a PDF of all briefs on the motion, with a hyperlink to embedded cases. 

The new rules of discovery?  Judge Stone encourages lawyers to become familiar with the Third Judicial District Court rules and suggests that they call his clerk and request a discovery conference if there are issues that arise during the case.  When appropriate, a telephonic conference will allow him to make a tentative ruling on the issue without imposing the burden and expense of motion briefing on the parties.  He believes that other judges may be open to such conferences and lawyers should explore this with their clerks prior to filing a motion.    

His judicial role models?  Judge Jenkins, Judge Iwasaki and Judge Hilder.

Judge Stone is married and has two daughters.  His wife is a human resources consultant and owner of Evolutionary HR.  His oldest daughter is in the IB program at West High School and is an avid climber and telemark skier.  His youngest is at Bryant Middle School and is a tremendous baker.  To keep up with them, he spends his free time cycling and skiing.

Judicial Profile: Honorable Keith Kelly

In November 2009, Governor Gary R. Herbert appointed Judge Keith Kelly to the Third District Court to serve Salt Lake, Summit and Tooele counties. He currently sits in Summit County. He graduated summa cum laude with a bachelor’s degree in 1981 and with a master’s degree in 1982, both in economics from Brigham Young University. Judge Kelly then received a juris doctorate degree from Stanford Law School in 1985, where he was an editor of the Stanford Law Review. After law school, he served as a clerk to Judge Monroe G. McKay of the Tenth Circuit Court of Appeals for one year. Following his clerkship, Judge Kelly began his career as a civil litigator with the Salt Lake City law firm, Ray Quinney and Nebeker P.C., where he practiced for twenty-three years.

Judge Kelly’s law practice included litigation matters involving corporate, commercial, intellectual property and real estate issues. He also provided representation to various hospitals, doctors and other health care providers. During his legal career, Judge Kelly was elected president of the Young Lawyers Division of the Utah State Bar in 1992, has served since 1998 as a member of the Utah Supreme Court’s Advisory Committee on the Rules of Evidence, and been chairman of the Utah Judicial Council’s Oversight Committee for the Office of the Guardian Ad Litem. Judge Kelly has also served as chair of the boards of trustees of the Disability Law Center, the Utah Parent Center and for “And Justice for All.” He has served as president of the Aldon J. Anderson American Inn of Court. Judge Kelly currently serves as a member of the Utah State Advisory Board on Children’s Justice.

The past two years on the bench have been interesting and challenging for Judge Kelly. He has thoroughly enjoyed dealing with a wide variety of legal issues, hearing from both sides and resolving the issues. He has also enjoyed working with juries. He believes juries take their role in the judicial system seriously and seek to diligently fulfill their role as the finder of fact. The most challenging aspect of his experience on the bench, thus far, has been the very difficult criminal cases, involving victims where the facts are often chilling and difficult.

In preparing to take the bench, Judge Kelly studied the rules of criminal procedure since his legal experience was limited to civil litigation matters. The court also provided an excellent training program for newly appointed judges to get up to speed on procedural and substantive criminal issues.

Judge Kelly has been very impressed by the high level of legal practice in the Summit County bar. He emphasized the importance of personal credibility and encouraged attorneys to always accurately cite to controlling law and the record and to be upfront about weaknesses in their case or argument. Judge Kelly does not always know how he will rule prior to oral argument, but he reads all of the written materials beforehand and tries not to commit to any tentative rulings. He will have specific questions for the attorneys to address and finds their arguments more effective if the attorneys focus on the questions asked, rather than reciting a prepared speech. Judge Kelly has changed his initial leaning or position after oral argument. He prefers that counsel provide copies of the briefs and key legal decisions two weeks prior to oral argument. Judge Kelly also cautions litigators to follow Rule 7 of the Utah Rules of Civil Procedure when responding to statements of fact. Judge Kelly emphasizes that attorneys should not exaggerate their positions or be overly-biased advocates, which tends to undermine their credibility. He appreciates candor, preparedness and brevity in written and oral arguments. With respect to stipulations and orders, Judge Kelly encourages attorneys to have all parties sign both the stipulation and order so he does not have to pull out the stipulation and make sure it accurately reflects the parties’ agreement before signing the order.

Before our interview concluded and he had to sign an important search warrant, Judge Kelly commented again on the excellent advocacy he sees in the Summit County bar. He has the utmost respect for the attorneys who appear before him notwithstanding that some of them have very difficult clients and facts.

Governor Herbert summed up Judge Kelly well when he told the media of his appointment: “Keith has an impressive breadth and depth of experience that will serve the state of Utah well. Keith’s knowledge, thoughtfulness and familiarity with the law will make him a fine jurist.” I had the privilege of working with Judge Kelly for many years prior to his appointment to the bench and I could not agree more. His intellect, fairness and exceptional ability to analyze and communicate complicated legal issues will surely make Judge Kelly an exceptional jurist and a favorite among litigators. The Third District is fortunate to have someone of Judge Kelly’s caliber serving on the bench.

Message from SLCBA President Laura Scott

“Change is inevitable – except from a vending machine.”  Robert C. Gallagher.

A few years ago, the Socials Committee (which I chaired) decided it was time to shake things up at the Holiday Party.  In a bold stroke of genius, we hired a DJ instead of the traditional Joe Muscolino Band.  But as soon as the DJ started playing “Get Ur Freak On,” we knew we had made a terrible mistake.  Shell-shocked, we naively hoped our members did not notice that it was a complete disaster.  We lived in this fantasy world for approximately two weeks.  And then the engraved “thank you” note arrived.  At first I was thrilled.  In all my years on the Socials Committee, I had never received a thank you note.  My excitement, however, quickly faded.  Using such words as “shameful” and “embarrassing” to describe our attempt to liven up the party, we were admonished to “maintain our established traditions into the future,” including the “live orchestra.”  I had two immediate thoughts, the first of which is not printable.  The second was that he was dead wrong.  And exactly right. 

The SLCBA has a long tradition of providing valuable educational, charitable, and social opportunities for its members.  Although maintaining these traditions does not necessarily mean that we should never try something new or attempt to improve our events, it does mean that we should keep in mind why we exist, what we hope to accomplish, and how best to foster that sense of collegiality and camaraderie that has been the hallmark of SLCBA.  With that preface, let me tell you about some of the changes we’ve made in the past few years and some of the new initiatives we are implementing this year, all in an effort to broaden our reach, better serve our members, and make the practice a law a little bit more fun.          

As you may have guessed from the fact that you’re receiving an electronic copy of the Bar & Bench, the SLCBA has gone “green.”  From CLE announcements to Holiday Party invitations, the SLCBA’s primary mode of communication will now be email.  Instead of spending money on printing and postage, we hope to be able to spend more of our limited resources on fabulous parties, interesting CLE lunches, and informative issues of the Bar & Bench.  Speaking of the Bar & Bench, Kristine Larsen, Phil Dracht, Rita Cornish, Chandler Thompson, and Clemens Landau serve on this Committee and welcome any suggestions that you might have for articles or contests.   

We moved our CLE lunches from the Marriott Hotel to the Wasatch Conference Center at the Episcopal Church Center.  While there were some minor glitches with parking last year which (hopefully) have been resolved, we expect that the change will allow us to continue to provide high quality CLE lunches at a low cost our members.  We also believe that this venue is a better fit for our planned CLE lunches this year, which are intended to provide our members with opportunities to interact with, and be educated by, the judiciary in a more interactive and informal setting.  Our CLE Committee is comprised of Shane Hillman, Judge Michele Christiansen, Judge Julie Lund, Chris Hogle, and Trystan Smith. 

The SLCBA has also joined the social media revolution.  In addition to our website (www.slcba.net), the SLCBA now has a Facebook page and a LinkedIn group.  Please “like us” and “join us” so we can keep you informed of upcoming events.  Also, for those who would like to take a trip down SLCBA memory lane, we’ve got photos from SLCBA events and past editions of Bar & Bench.  Lauren Shurman is leading this effort along with Aida Neimarlija.

Two years ago, the SLCBA discontinued the charity golf tournament and replaced it with a silent auction (aka drunken competitive shopping) at the Spring Dinner and Election of Officers, which we moved back to the Salt Lake Country Club.  Now, instead of getting a triple bogey on the 18th hole, you can get a wine basket or a 2-night stay at a luxurious hotel.  More importantly, as a result of the generosity of our members (with a little assistance from our signature cocktails), we have raised over $6,000 for the Salt Lake County Children’s Justice Center. 

Our other SLCBA social events have proven the old adage that if it ain’t broke, don’t fix it.  A few weeks ago, the SLCBA hosted its annual New Lawyers Reception at the Alta Club.  Close to 200 judges and practicing lawyers joined us in welcoming our “new admittees” to the Utah State Bar.  What a great way to introduce new lawyers to the practice of law and to our professional community.  Our 2011 Holiday Party “sold out” in a few days and is expected to be “the” event of the holiday season.  The Socials Committee (from which I was immediately banned after the DJ fiasco) is headed by Jonathan Pappasideris with assistance from Mark Kittrell and Bart Johnson. 

We’re also implementing some new initiatives in an effort to more fully engage our members and to increase our presence in the Salt Lake community.  This year, we co-hosted a tailgating party at the S.J. Quinney College of Law prior to the Utah v. Washington football game.  It was a great opportunity for law students to meet practicing lawyers in an informal setting and learn more about what the SLCBA has to offer them.  We intend to plan a similar “get to know the SLCBA” event at the J. Reuben Clark Law School in the near future. 

We also are exploring ways to expand the reach of our Art & the Law program and make it more educational (and relevant) for students, particularly at-risk junior high students who may have already encountered the court system as a result of their personal circumstances.  We believe that this year’s Law Day theme – “No Courts, No Justice, No Freedom” – provides us with a unique opportunity to engage these students in a discussion of the important role courts and lawyers play in assuring access to justice, preventing vigilante justice, and overcoming language, economic and other barriers.  If you are interested in helping us with the Art & the Law program, please contact Rick Ensor or Jennifer Mastrorocco.               

Finally, the SLCBA officers this year are Vice President Bob Shelby (rshelby@scmlaw.com), Secretary Anneliese Booher (anneliese.booher@law.utah.edu), and Treasurer Amy Sorenson (asorenson@swlaw.com).  We welcome your comments and suggestions.  We’re even happy to receive your “thank you” notes – just make sure they are addressed to “VP Shelby.”