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SALT LAKE COUNTY BAR ASSOCIATION SPRING 2019 & BAR BENCH The Utah State Capitol building was completed over a century ago, thanks in large part to a sizeable inheritance tax paid from the estate of Union Pacific Railroad President E.H. Harriman. In December of 2008, the State came close to approaching Mr. Harriman’s heirs, hat in hand, for another imbursement. Lauren Shurman, though renowned for her legal ability, was not so adept at deciding the best place to stack combustible exhibits during an arbitration proceeding in the historic Utah Supreme Court, at the east wing of the capitol building. Since the completion of the Matheson Courthouse, where Utah Supreme Court Justices hear most of their cases, the venerable chamber is generally reserved for tour groups and ceremonial events. In the winter of ‘08, it was loaned to former Chief Justice Michael Zimmerman for an arbitration in which Lauren would play a dramatic role. On a cold December day, the rhetoric turned fiery when Lauren placed exhibits near a projector radiating scorching heat from prolonged use. Nothing good would’ve come from the ensuing conflagration. Lauren, for example, would not have emerged from the flames with three dragon hatchlings, like Daenerys Targaryen in The Game of Thrones. The only thing that saved the historic courtroom from ruin was Lauren’s keen ability to smell smoldering arbitration exhibits and quick reflexes. A decade has passed since Lauren narrowly averted calamity at the historic high court, and Lauren is moving on to her next challenge, President of the Salt Lake County Bar Association. Rest assured, the SLCBA will be in capable hands. Lauren has served as an SLCBA Executive Committee member since 2007 and most recently held the position of Vice President, restoring to that office a measure of dignity sorely missed during the previous year. Unlike her immediate predecessor (whose reports as Vice President featured such topics as the use of therapy animals for erectile dysfunction sufferers) Lauren focused on worthy topics befitting the post, like partnering with the Utah Center for Legal Inclusion to award an academic scholarship. Lauren is a partner at a preeminent law firm, Stoel Rives, where she has spent her entire legal career. Lauren practices employment and commercial litigation at a high level, earning the respect of her colleagues. She’s a pillar of Stoel Rives’ commercial litigation practice in Salt Lake. Like many of us, Lauren came to both Utah and the practice of law as a complete stranger. She grew up in New York and came to Utah for recreation and school, graduating from the U of U with a master’s degree in educational psychology. None of her relatives were lawyers. It was as a social worker that Lauren decided she had a future in the law. Fundamental to ambition is envisioning yourself successful in the desired role, and as a witness testifying in child welfare cases, Lauren saw herself performing the part of her examiners, only better. Through hard work, shrewd legal instincts, and a positive attitude, punctuated with her distinctive boisterous laughter, Lauren achieved her goal. Lauren has become a highly regarded practitioner, well respected and well known in her adopted State. Her success is even more admirable, considering that she has two young children—ages 5 and 8—who Lauren raises with her virtuoso husband, Jeremy Abernathy. Congratulations to Lauren on becoming President of the SLCBA. Congratulations also to Mark Kittrell, who as the SLCBA’s incoming Treasurer should consider increasing the limits on the SLCBA’s insurance policy for losses caused by fires. President’s Message by Christopher Hogle Salt Lake County Bar President Christopher Hogle
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SALT LAKE COUNTY BAR ASSOCIATION SPRING 2019

&BAR BENCH

The Utah State Capitol building was completed over a centuryago, thanks in large part to a sizeable inheritance tax paid fromthe estate of Union Pacific Railroad President E.H. Harriman.In December of 2008, the State came close to approaching Mr.Harriman’s heirs, hat in hand, foranother imbursement. LaurenShurman, though renowned for herlegal ability, was not so adept atdeciding the best place to stackcombustible exhibits during anarbitration proceeding in the historicUtah Supreme Court, at the east wingof the capitol building. Since thecompletion of the MathesonCourthouse, where Utah SupremeCourt Justices hear most of their cases,the venerable chamber is generallyreserved for tour groups and ceremonialevents. In the winter of ‘08, it wasloaned to former Chief Justice MichaelZimmerman for an arbitration in whichLauren would play a dramatic role. Ona cold December day, the rhetoricturned fiery when Lauren placedexhibits near a projector radiatingscorching heat from prolonged use.Nothing good would’ve come from theensuing conflagration. Lauren, for example, would not haveemerged from the flames with three dragon hatchlings, likeDaenerys Targaryen in The Game of Thrones. The only thingthat saved the historic courtroom from ruin was Lauren’s keenability to smell smoldering arbitration exhibits and quickreflexes.

A decade has passed since Lauren narrowly averted calamity atthe historic high court, and Lauren is moving on to her nextchallenge, President of the Salt Lake County Bar Association.Rest assured, the SLCBA will be in capable hands. Lauren hasserved as an SLCBA Executive Committee member since 2007and most recently held the position of Vice President, restoringto that office a measure of dignity sorely missed during theprevious year. Unlike her immediate predecessor (whose

reports as Vice President featured such topics as the use oftherapy animals for erectile dysfunction sufferers) Laurenfocused on worthy topics befitting the post, like partneringwith the Utah Center for Legal Inclusion to award an academic

scholarship.

Lauren is a partner at a preeminent lawfirm, Stoel Rives, where she has spenther entire legal career. Lauren practicesemployment and commercial litigationat a high level, earning the respect ofher colleagues. She’s a pillar of StoelRives’ commercial litigation practice inSalt Lake.

Like many of us, Lauren came to bothUtah and the practice of law as acomplete stranger. She grew up in NewYork and came to Utah for recreationand school, graduating from the U ofU with a master’s degree in educationalpsychology. None of her relatives werelawyers. It was as a social worker thatLauren decided she had a future in thelaw. Fundamental to ambition isenvisioning yourself successful in thedesired role, and as a witness testifyingin child welfare cases, Lauren saw

herself performing the part of her examiners, only better.

Through hard work, shrewd legal instincts, and a positiveattitude, punctuated with her distinctive boisterous laughter,Lauren achieved her goal. Lauren has become a highly regardedpractitioner, well respected and well known in her adoptedState. Her success is even more admirable, considering that shehas two young children—ages 5 and 8—who Lauren raiseswith her virtuoso husband, Jeremy Abernathy.

Congratulations to Lauren on becoming President of theSLCBA. Congratulations also to Mark Kittrell, who as theSLCBA’s incoming Treasurer should consider increasing thelimits on the SLCBA’s insurance policy for losses caused byfires.

President’s Message b y C h r i s t o p h e r H o g l eS a l t L a k e C o u n t y B a r P r e s i d e n t

C h r i s t o p h e r H o g l e

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By Dani Cepernich

Those in the Salt Lake County Bar who do not practicedomestic law may not have had occasion to appear beforeone of the Third District Commissioners. This issuespotlights three of our Commissioners: Commissioner KimLuhn, Commissioner Russell Minas, and CommissionerMichelle Tack.

Commissioner Kim LuhnCommissioner Luhn was appointed to the Third District in2016. Prior to her appointment, Commissioner Luhnworked in private practice with an emphasis in family law.

What inspired you to become a Commissioner?

I became a Commissioner as the next step in my family lawcareer. After over twenty years of experience, I wanted touse everything I learned as a family law attorney and as aperson as a foundation to becoming a decision maker.Being a Commissioner also gives me a platform to teachparties about the consequences of their actions, primarilywhen it comes to the potential long term psychological andphysical damage to children caused by high conflict divorceand paternity cases. Every once in a while someone gets it,and modifies their behavior, at least for a moment. To seethis is the most satisfying part of being a Commissioner.

If you could give practitioners appearing in your courtroom onepiece of advice, what would it be?

Own your facts, even if they are not good facts, and be realabout the possible outcomes, both to your clients and tothe court.

When not at work, what are you most likely to be spotteddoing?

This one is hard. As many family law attorneys are aware, Iam recently handicapped. No one can figure out why, afterapparently successful surgery, I still walk on the side of myfoot and need to use a cane. I used to play tennis, hike, doyard work and walk my dogs. My favorite vacationinvolved fishing. Now, I am in transition, wondering whatis next.

Commissioner Russell MinasCommissioner Minas was appointed to the Third Districtin 2018. Prior to his appointment, Commissioner Minaswas in private practice at Lowe Hutchinson Cottingham &Minas.

What inspired you to become a Commissioner?

I’ve long wanted to be able to make a greater impact than Ifelt private practice afforded. I’ve spent most of my lifeimmersed in domestic relations practice/matrimonial law.My early years at Legal Aid opened my eyes to thecomplexities of parents and children facing divorce and/orseparation, often compounded by emotional, physical,sexual, and substance abuse. Early on I was assigned toseveral committees and boards dedicated to improvingpolicy and practice, and to make the courts more accessible.I immediately took a liking to committee work and itsbroad reach, and ever since have continued serving invarious capacities. I felt that becoming a commissionerwould afford me even better and more opportunities topositively affect families ending up in the courts—to steerpeople in the right direction and encourage them to thinkabout the big picture—and mostly this has been the case.

What have you found to be the most challenging aspect ofserving as a commissioner?

Hearings before the Third District Commissioners areprimarily proffers of testimony, without the ability to hearfrom and observe sworn witnesses subject to cross. So thebiggest challenge for me is assessing credibility in cases ofwidely disparate representations of fact when there is littleor no independent corroboration.

What do you enjoy most about serving as a commissioner?

I prefer the role of the neutral rather than carrying thetorch for one side of a dispute. This is consistent with myprior work as a mediator and private guardian ad litem, andin my youth as an ice hockey official. I feel I have prettygood sense of fairness along with an ingrained knowledge ofdomestic law, and in this context I enjoy being vested withdecision-making authority. The stress of this job so far hasbeen positive. It’s of the type that heightens my senses andmy sense of duty. I’m also quite happy about no longerhaving to deal with the business end of the practice of law.

Commissioner Profiles&BAR BENCH

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If you could give practitioners appearing in your courtroom onepiece of advice, what would it be?

Work hard to settle. Repeatedly. Divorce and separationare the most painful of times, and the process should beabout problem solving. It’s not easy for people to get pastfeelings of loss, and perhaps also betrayal by someonethey’ve loved and have had children with together. In myview, attorneys practicing domestic law have an obligationto fulfill not only the role of advocate, but also that ofcounselor. If you do end up in court please be candidabout your own client’s shortcomings, and don’t overstatethose of the opposing party. Please propose reasonable, wellthought-out solutions and avoid pleadings and conduct thatfan the flames of acrimony. Demonizing and overreachingdiminishes the effectiveness of the argument, as well as yourreputation.

If you had to choose an entirely different, non-legal career,what would it be?

A whitewater rafting guide and/or nature photographer.

What did you want to be when you grew up when you wereyoung?

A TV weatherman.

When not at work, what are you most likely to be spotteddoing?

In my imagination I’m spotted on the river and at musicfestivals. In reality, more often I’m spotted at little leaguebaseball games and youth karate tournaments.

If you could affect one change in the legal community, the legalprofession, legal education system, or justice system, whatwould it be?

On a micro level, I would like to see more widespreadattorney volunteerism in the Third District domestic pro secalendar program. These are special settings intended forthose who can’t afford lawyers. Volunteer attorneys enter alimited appearance for representation at the hearing only.Often it involves just helping someone finalize theirpaperwork. Other times it involves assisting withresolution of disputed issues. Sometimes it involves oralargument. The self-help center is present to act as a scribeso that written orders can be generated immediately. Theprogram has been very successful thus far. One allure forthose looking for pro bono opportunities is that because thetime commitment is only for the day of hearing, one neednot fear being pulled into the vortex of domestic litigation

with no hope of escape. And most importantly thecommissioners bring donuts/cookies as a way of sayingthanks to the volunteers. If you want to be becomeinvolved, please contact Shana Walters [email protected] and ask to be put on the email list.We host quarterly noon-hour sign up meetings at theMatheson Courthouse, with lunch provided.

A fun tidbit for members of the Salt Lake County BarAssociation:

I once was arrested three times in one day, on purpose. I’llleave it at that.

Commissioner Michelle TackWhat did you want to be when you grew up when you wereyoung?

When I was young, I wanted to be a pre-school teacher…who wouldn’t want to finger paint every day?!

If you could give practitioners appearing in your courtroom onepiece of advice, what would it be?

My best advice to practitioners would be to protect yourreputation with the Court—it really does take ten positivesto offset one negative.

What is the best movie you’ve watched lately?

On the Basis of Sex

If you had to choose an entirely different, non-legal career,what would it be?

I would choose something creative… maybe costumedesign or construction design, both areas which I enjoy.Seeing your efforts evolve into a finished product can bevery satisfying.

Commissioner Profiles C o n t i n u e d

&BAR BENCH

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Dear Justice Tongue,

I am a new attorney still trying to figure out how things work in the real world of practice. With oneexception, I am finding that my law school classes, clinics, and internships did a good job of preparing me. Itis about this “exception” that I seek your advice.

See, in law school, we not only had to take a professional responsibility class and study for the MPRE, but wealso took an oath to abide by a code of civility, and we had seminars, guest speakers, and a wonderfulABOTA presentation on civility and professionalism. All of this, I thought, was to prepare me to enter aprofession where integrity and credibility are paramount. In my brief exposure to current practice I observethat many attorneys seem to believe civility means that they may misrepresent, obfuscate, and play games allthey want so long as they do it politely. I understood civility to mean much more than mere politeness. Was Iwrong?

Yours,

Greene Horne

Dear Mr. Horne,

It is not that your inquiry is impertinent, irrelevant or untimely. However, I am racing to catch a plane up to my belovedvineyard, and unfortunately my brilliant clerk is out on maternity leave. I therefore must make a hasty, short, but to the pointreply.

Oh my, my, you are telling this good Justice that your law school lessons did not prepare you for the shock of duplicitousadversaries who mock the substance of the Utah Rules of Professional Conduct and the Standards of Professionalism and Civilityby the polite, but unethical practice of law. Is this truly your first exposure to professionals that sacrifice the substance of ethicalmandates with the pantomime of piety? Oh what a shock to find that some of our brothers and sisters in this revered practiceelevate form over substance!

I have this short piece of advice. You are absolutely right to be repulsed. And you should fight it (civilly) with every fiber of yourbeing. We, the judiciary, should be the backstop of civility and professionalism, and serve as a bulwark against such behavior thatdegrades the ethics of our profession while masking disgraceful conduct under the guise of politeness. It is we in the judiciary thatmust enforce the rules meticulously and condemn gamesmanship, duplicity, and misrepresentation, under any guise. We mustreward those who demonstrate honesty and promote comity, and make clear to all those who practice this noble profession that itis not a “game of manners.”

Unfortunately, we find ourselves avoiding squabbles among parties, if we can, and do not take the time to pierce the veneer of thepolite dishonor in order to reinforce the letter and substance of our standards, and penalize those who willfully violate them. ThisCourt gave advice to a young ambitious lawyer some time ago, and, given the press of my imminent departure for a well neededrest, I will repeat it.

One last word and then I’ll stop rambling and you can figure out if in this pile there is anything for you. The single mostunprofessional, uncivil and unethical thing you can do as an advocate is to misrepresent or dissemble. Your word and itsreputation for reliability is the single greatest asset that you have as a trial lawyer. Judges should brook nothing less, and juries willsense its presence or absence instinctively. The only colleagues you need to concern yourself with must know that it is alwaysthere, and over time everyone will know one way or the other.

Welcome to the fight.

Fondly,

Justice J. Learned Tongue

Justice Tongue T h e S i n g l e G r e a t e s t A s s e t

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By Kristen Olsen

“When I was growing up, I knew of two black femaleattorneys: a cousin and Claire Huxtable,” explained TiffanyShimada. Shimada, who practices trademark and copyrightlaw at Dorsey & Whitney, said, “people laugh about theClaire Huxtable reference, but it mattered to see a blackwoman on TV portraying a successful lawyer with a familybecause it meant that it was possible.”

Shimada, who is one of only about 5 black female attorneyspracticing in the state of Utah, moved to Utah fromChicago in 2015. According to the Executive Director ofthe Utah Center for Legal Inclusion, Aida Neimarlija, theUtah Bar is comprised of approximately 25% women andless than 10% attorneys of color. WhenShimada learned that there were only 4other attorneys who looked like her in theentire state, she said, “It was a shock to mysystem.” She explained that, as a memberof such a small minority, she feels like shehas to work harder to prove that shebelongs. For example, people will oftenmake the assumption that she is not anattorney, even when she is dressed the partand acting in that role. Shimada hasfriends, both female attorneys and attorneysof color, who are often mistaken for courtreporters, translators, defendants in thecourtroom—“anyone but an attorney,” shesaid. This may seem like a minorinconvenience, she explained, but havingto continually explain that you deserve aseat at the table can be exhausting,especially when a client is observing theinteraction or in situations that are already high stress andhigh stakes.

She said it was difficult at first to be an outsider in Utah’slegal community because she did not have a built-innetwork of attorneys or any mentoring relationships. Thisis often a challenge for aspiring young attorneys fromunderrepresented communities who do not know, and arenot related to, any practicing attorneys. Claire Huxtablecertainly couldn’t help her. Fortunately, over time, Shimadawas able to invest in relationships and develop a network ofcolleagues and mentors. These mentoring relationships, sheexplained, have helped her navigate the legal profession andovercome the barriers she has experienced.

Shimada also maintains a positive outlook when she hasexperiences that remind her she is different than themajority of Utah attorneys. “I choose to see thoseexperiences as opportunities to show people that I am anattorney who happens to be a black woman,” she said.“The barriers were created by other people, but I don’tclaim them as mine. I aim to do my best regardless.” Sheexplained that we all came to this profession to further therule of law and promote justice. “If you’re not doing thatin concert with others,” she asked, “then is it reallyhappening?”

Despite the challenges she has faced, Shimada is encouragedby positive trends in Utah. “I see a desire to make achange, which is the first step,” she said. “I also see more

diversity in business and industry in Utah,which should bring positive changes.” Realchange in this regard will take hard work,she said, and “if the leaders in ourprofession and justice system are notinvested, then it will be difficult to effectchange.” Everyone must be invested at alllevels, she cautioned, or we won’t getanywhere.

To that end, she stated, “I encourage thosefrom ‘majority’ groups—not just whitemen, but white women, heterosexuals, etc.—to go to events where you are a minorityin the room. Feel the uncomfortableness ofthat and embrace it.” Then, she said, startasking questions so that you have a betterunderstanding of that group and theirunique challenges and perspectives. Theseexperiences will help you understand what

it feels like to be an outsider, she said,” if only for amoment.” And ultimately, these experiences will give youthe gift of empathy. To other attorneys of color ormembers of underrepresented communities here in Utah,Shimada offered this advice: “Develop a spiritual and moralcompass, and stay true to yourself. It may or may not ‘getbetter,’ but you can change your perspective and keep apositive outlook if you remember what’s most important inlife.”

On Belonging T i f f a n y S h i m a d a

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T i f f a n yS h i m a d a

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By Melanie Grayson

Everyone knows that Zimmerman Booher is a boutiqueappellate firm in Utah. But with that firm’s glowing rosterof judicial alumni, it can be easy to forget that there areother talented appellate lawyers practicing in this state. TakeEmily Adams. A Colorado native and graduate of theUniversity of Minnesota Law School, Adams has beenpracticing as an appeals specialist for five years, based inBountiful.

After attending BYU for undergrad, Adams and herhusband both wanted to pursue advanced degrees, she inthe law and he in Russian History. Eventually, they bothattended law school. Adams always aspired to be anattorney and is one of those slightly nuttyindividuals who claims that she “loved lawschool.” She distinctly remembers sensingthat the “air smelled like people thinkinghard,” which may have foreshadowed hercareer in appeals. While in law school,Adams had her first child during her 2Lyear. This major life event helped Adamsplan carefully and learn to use every minutewisely, as she had limited time andcompeting priorities.

Once she graduated, Adams secured twoclerkships. One was with Judge JoanEricksen in the U.S. District Court for theDistrict of Minnesota. This clerkship witha federal trial court felt like the “wild west”to Adams. The cases before the court werebig, the schedule unpredictable, anddiscovery disputes unpalatable. For her other clerkship,Adams clerked with Judge Heidi Schellhas on theMinnesota Court of Appeals. She quickly discovered that inappellate work, the schedule is predictable and thediscovery disputes non-existent. Appellate work, rather thantrial court litigation, better suited Adams’ personality. Tothis day, Adams credits her appellate clerkship for many ofher successes. Judge Schellhas carefully mentored her clerksand trained them well. Adams soaked in high-level briefing,argument, and opinion-writing. She learned that there werecertain attorneys’ briefs that could not be trusted; thoseattorneys tended to stretch facts too far, omit inconvenientfacts, or mischaracterize the law.

After the clerkships, Adams relocated to Utah. Knowing shewanted to make a go of appellate work and being anoutsider to the Utah legal community, Adams knew sheneeded to make meaningful connections. She began askingwho the big appellate dogs on the block were. One namethat kept surfacing is now-Third District Judge LindaJones. Judge Jones agreed to supervise Adams so that Adamscould take on qualified indigent appellate defense work.Adams was fortunate to work with Jones for a few appeals,learning valuable insights from one of Utah’s most well-known criminal appeals attorneys. Adams decided that shewould give herself five years to develop a solo practice. Ifshe wasn’t successful in that timeframe, she would consider

a change of course. Adams picked upconflict work for indigent appeals from afew counties. Over time, she developed arobust practice, with a mix of criminal andcivil appeals. At the five-year mark, Adamshas established Adams Legal, a law firmcomprised of herself and husband LucasAdams, and she has no intention ofchanging course.

Now, Adams handles between one and twodozen appellate cases a year, before eitherthe Utah Court of Appeals or the UtahSupreme Court. With several years ofexperience under her belt, Adams explainsthat the most challenging part of appellatework is figuring out how to get the courtto see an issue from her client’s side. Heradvice to other appellate attorneys: don’thide from any of the facts. Instead,

acknowledge everything that happened, especially in acriminal appeal, and minimize the bad facts in a logicalway. If facts are ignored or overstated, the court will beunable to trust the briefing. The same is true regardingunsettled areas of law. Adams is also a proponent of Rule23B hearings, a mechanism through which appellateattorneys are able to introduce evidence that is not in therecord. Rule 23B investigations require her to reinvestigate,which increases the time and expense of an appeal.Nonetheless, Rule 23B is a critical tool in appeals forcriminal defendants.

She also encourages appellate practitioners to hone theirwriting, including by reading about legal writing; pick thebest issues for appeal, rather than the most; get their pointacross quickly in briefing; provide the court enough facts to

Practitioner Profile E m i l y A d a m s

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E m i l y A d a m s

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understand the scenario, but not so many that it is notdigestible; and humanize the client, especially a criminaldefendant, as much as possible. As for trial attorneys,Adams reminds practitioners than their job is to preservethe record for appeal. For example, certain body languageand hand gestures do not show up on the record, and somebench conferences during trial are inaudible because themicrophones cannot pick up the whisperings of the judgeand the attorneys.

Adams most enjoys cases where the law in Utah is justdeveloping. She commonly draws from the law in otherstates because Utah is a small jurisdiction where holes incertain areas of the law still exist. She works to generate thebest, most comprehensive brief she can,knowing that the briefing does the vastmajority of the work in an appeal.

In all, Adams considers herself incrediblylucky to practice the type of law thatinterests and challenges her and to be ableto raise her three kids at the same time.

Her advice to otherappellate attorneys:

don’t hide from any ofthe facts. Instead,

acknowledgeeverything that

happened, especiallyin a criminal appeal,and minimize the badfacts in a logical way.

Practitioner Profile C o n t i n u e d

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By: Michael Langford

Allison Parks graduated from the Tulane University Schoolof Law in 2014. She is now a dedicated Assistant CityAttorney for Salt Lake City where she focuses on litigationand land use planning.

A native to Salt Lake City, Allison attended JudgeMemorial High School where she played lacrosse andswam. After graduating from Judge in 2003, she enrolled atWestminster College on an academic scholarship. Whilethere, she was on the cross-country team and enjoyedcompeting at many small schools in Westminster’s athleticconference, particularly the schools located in the PacificNorthwest. She studied English understanding theimportance of mastering the skill ofwriting.

Law school was not always in Allison’splans, at least not immediately. A desire foradventure and travel and some very goodadvice from a friend drew her to workabroad, after college, and Allison moved toMatsumoto, Japan—Salt Lake’s sister city—to teach English for two years, despite notknowing any Japanese. She speaks fondlyof her experience working in Japan whereshe was able to experience a differentculture and enjoy all that was different thanher life here.

Adventure drew Allison to Japan butidealism and compassion drew Allison toher next job. Allison returned from Japanto work for AmeriCorps at the WasatchCommunity Gardens, where she wrote grants and was adevelopment and outreach coordinator. The pay was low,but she felt strongly about public service and lovedAmeriCorps’ mission.

When she finished her work at AmeriCorps, Allison madethe decision to attend law school. She and her boyfriend,Luke—now an attorney at the Salt Lake Legal Defender’sAssociation—decided to take the LSAT. While Allison hadan interest in environmental law and was looking at schoolsin the Northwest, she and Luke ultimately chose to attendlaw school at Tulane University in New Orleans, in partbecause of its environmental law program and becauseTulane was the first law school to institute mandatorypublic service for its students. Choosing New Orleans andTulane was bold because Allison had never visited New

Orleans prior to admitted student day, but it was a decisionshe has never regretted. She absolutely fell in love with the“Big Easy” and found the city to be “magically weird.” Sheloved the people and loved how they enthusiasticallyparticipated in the cities many cultural events, and describesNew Orleans as a foreign city that just happened to be inthe United States.

While in law school, Allison was a member of theEnvironmental Law Society where she helped plan and hostenvironmental law summits. She also worked at aplaintiff ’s firm in New Orleans, the Southern UtahWilderness Alliance, and the U.S. Department of Justice.

After graduating from law school, Allison and Lukereturned to Utah and took jobs working forLegal Aid in Monument Valley. As anattorney at Legal Aid Allison handled avariety of issues, including family law,consumer protection, and representingvictims of domestic violence. With a highcaseload and low resources, the job was attimes overwhelming but personallyrewarding, as Allison enjoyed being anadvocate and helping disadvantaged peoplenavigate the legal system.

Allison and Luke returned to Salt LakeCity, and she was hired at her currentposition. She loves her job as it is fastpaced, and Allison is fascinated with thecomplex legal matter she works on whichinclude civil rights and constitutional lawissues. She also enjoys the people she

works with and has had great mentors who have offered hergreat advice and support.

Allison’s [former] boss at Salt Lake, Margaret Plane, pointsto Allison’s work defending the city in civil rights cases filedby pro se litigants as emblematic of her unique abilities.Despite often dealing with difficult opponents, whoseargument too-regularly devolves into nasty and personalattacks, Allison is extremely effective, while remaining calm,compassionate and gracious.

When she is not at her office in City Hall, Allison can befound working on house projects, mountain biking, andrunning with her two dogs.

New Lawyer Spotlight A l l i s o n P a r k s

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A l l i s o n P a r k s

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By Michael Young

“We were out of beer,” Judge Brooke Wells recalls. At thetime, Judge Wells was serving as Secretary of the StudentBar Association at the University of Utah’s S.J. QuinneyCollege of Law. She was also attending law school with theinfamous serial killer, Ted Bundy, who lived in Salt LakeCity.

Judge Wells and Randy Dryer, then-President of theStudent Bar Association, had organized a social for theuniversity’s law students and the students were thirsty. “Itold Randy that I could go get more beer, and Bundyoffered to give me a ride,” Judge Wells explains, “but Randywouldn’t let me get into his car.” Judge Wells explains, “butRandy wouldn’t let me get into his car.”

Karen Sparks. Lynda Ann Healy. Donna GailManson.

At his most base, Bundy was a pedophile, anecrophile, and a murderer.Notwithstanding, notoriety precedes hismention. Media celebrates his charm.Human nature compels fascination. Hebegan as a petty thief and in the end diedjust as feebly, withholding closure from hisvictims in an effort to extort a few moredays of life.

Susan Elaine Rancourt. Roberta KathleenParks. Brenda Carol Ball.

Despite what he was, interest in who he waspersists. “He was the All-American kid,” Dryer notes. “Hewas outgoing, likeable, very gregarious.” So when Dryerwas notified in confidence by the dean of the law schoolthat he was a suspected serial killer, Dryer was shocked. “Iwas flabbergasted,” Dryer admits. Nevertheless, a witnesshad escaped his clutches and had come to the law school toidentify him. The dean wanted Dryer to meet with thepolice and the victim to escort them to an area where thevictim could identify him. Ironically, Dryer guided themto outside Professor Lionel Frankel’s criminal law class.Only he did not attend class that day.

Georgann Hawkins. Janice Ann Ott. Denise Marie Naslund.

It was not unusual for him to be absent from class. In fact,he had garnered the nickname “The Elusive Mr. Bundy”during the first semester of 1L year at the U because heoften did not show up to class, Judge Wells recalls. Anomen that proved both accurate and surreal. “At the time

we were all so impressed because here was this guy whonever attended class but was still getting really good grades.Later, of course, we found out that he had already attendedlaw school once before at the University of Puget Sound,”Judge Wells recounts.

Nancy Wilcox. Melissa Anne Smith. Laura Ann Aime.

With efforts to formally identify him having failed, Dryerturned his attention to preparing for the social, all the whileknowing that his classmate was an alleged serial killer. Thesocial was held at the Cottonwood Softball Complex on1300 East and 4500 South and Dryer’s recollection divergesa bit from Judge Wells’s at this point. “Judge Wells and Iwere both serving in the Student Bar Association and as

part of our duties we oversaw this party. Iremember telling Judge Wells that if shewould set up the party, I would take care ofclean up,” Dryer explains. “Well, I’m thereat this party and people are having fun andsocializing and I look over and there he is,”Dryer said. “And I couldn’t say anything.”

Carol DaRonch. Debra Jean Kent. CarynEileen Campbell.

As the party began winding down a groupof students decided that they wouldcontinue the evening at The Green Parrot,a bar once located at Trolley Square. “JudgeWells approached me to tell me that shewas heading to the Green Parrot and that[Bundy] was going to give her a ride.”

Dryer remembers telling Judge Wells, “no, I’m sorry, but Ineed you to stay here and help me clean up.” Fortunatelyfor Judge Wells, her protests and indignation fell on deafears and she stayed behind. “She was not happy with me atthe time,” Dryer mused. “But I couldn’t let her go withhim.” Bundy was arrested a few days later.

Julie Cunningham. Denise Lynn Oliverson. Lynette DawnCulver.

After the arrest, no one could believe he was guilty. In fact,many in the law school actively tried to exonerate him. “Irecall as a single mother giving everything I could afford tohis defense fund,” Judge Wells stated. Dryer recalled“people selling t-shirts to raise money for his defense.”Many students attended and sat through his trial, anddespite the allegations and testimony at trial, their supportnever wavered. Judge Wells confesses that “it wasn’t until he

He began as apetty thief and in

the end died just asfeebly, withholding

closure from hisvictims in an effort

to extort a fewmore days of life.

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escaped from prison and was later caught in Florida that Iactually believed he was guilty.”

Susan Curtis. Margaret Elizabeth Bowman. Lisa Levy.

Dryer thinks there will likely always be a “morbidfascination” about him. “If he could be a serial killer, whoelse might be out there?” Judge Wells likewise admits thatshe pays close attention to T.V. specials and documentariesabout him if, for no other reason, to fill in the blanks. “It isreally strange to have known this person before they becamefamous for these incredibly horrible acts,” Judge Wellsexplained. There is so much known about him now that iscompletely inconsistent with what she knew andexperienced before, except one thing: “I do recall thinkingeven at the time that he had a very uncannyability to change his looks dramatically in ablink of an eye.” Indeed, many have notedhow quickly he could change hisappearance and blend into the background.Perhaps it was this ability to becomeanonymous and unremarkable that trulyembodies who he was.

Karen Chandler. Kathy Kleiner. CherylThomas.

Today there are entire television channelsdedicated to the sensationalism of themacabre. In this theater, he assumes a largepresence often referred to as handsome,charming, well-liked and extremelyintelligent. But this was all counterfeit. Intruth, he was insecure and small. Particularly whencompared to those like Judge Wells who went on to becomea federally appointed magistrate judge. And Dryer who isnow a Presidential Honors Professor at the University ofUtah and Lecturer for the S.J. Quinney College of School.He stole lives. And if people like Dryer and Judge Wells areany indication of the caliber of lives he stole, the worldtruly lost more than we will ever understand and,ultimately, fascination with him might be better directedinward.

Kimberly Diane Leach and, no doubt, countless others farmore deserving of ink than he.

Indeed, many havenoted how quickly he

could change hisappearance and blendinto the background.Perhaps it was thisability to becomeanonymous and

unremarkable that trulyembodies who he was.

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By Michael Langford

Whether you’re a former denizen of the Salt Lake dancelooking for the opportunity to remember what was whileenjoying a craft cocktail, a federal court regular-seeking aquick and quiet escape from the formality and rigors of the‘Glass Cube’, or a fair reader hoping for a satisfying winebar in our City of Seagulls, BTG Wine Bar may your ticket.BTG Wine Bar is located under Cafe Molise, and it is thebasement of the building that once housed the Bar andClub Splash.

Fair warning: There’s a noticeable lack of grooving,twisting, and grinding and unrestrained pheromones that(from what I’m told) once permeated the building on theSouthwest corner of 400 South and WestTemple. (I was also assured that there areno longer any wet t-shirt contests). But theambience, spirits, service and bountifulwine selection more than made up for thelack of the former. Indeed, BTG has over150 listed (and roughly 150 off-list) winesselections. And they are all, of course, ByThe Glass. These can pair with a savoryselection from the Bar Bites menu, whichranges from duck meatballs, mushroompate, and pizza to the complete Cafe Molisemenu. Navigating and pairing of theprodigious offerings could and hasthreatened to overload a circuit or liver or two. Yours trulyspeaks from experience.

But my first visit to the Salt Lake’s only true Wine Bar wasno sweat. Admittedly, despite my best efforts, I did notmake it all the way through the list. A body can only drinkand eat so much. However, I did leave wanting more,particularly with the guidance of the bartender, Dominick,whose motto is: There’s a glass of wine for everyone, it’s justa matter of drinking your way through and finding it.Dominick offered guidance in pairing the 3 glass X 2 oz.flights and individual glasses.

It was my first trip to BTG, but it will not be the last. Thisdelightful gem across from the federal courthouse is aworthwhile watering hole. Like the long passed Port O’Call, it will leave you wanting more and not having hadenough.

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Recent Precedents L a w D a y L u n c h e o n

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e-SLCBA T h e S L C o u n t y B a r o n l i n e

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