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SALT LAKE COUNTY BAR ASSOCIATION
President’s Message
BAR BENCH & S a l t L a k e
SPRING 2019
b y C h r i s t o p h e r H o g l e
C o u n t y B a r P r e s i d e n t
The Utah State Capitol building was completed over a century reports as Vice President featured such topics as the use of
ago, thanks in large part to a sizeable inheritance tax paid from therapy animals for erectile dysfunction sufferers) Lauren
the estate of Union Pacific Railroad President E.H. Harriman. focused on worthy topics befitting the post, like partnering
In December of 2008, the State came close to approaching Mr. with the Utah Center for Legal Inclusion to award an academic
Harriman’s heirs, hat in hand, for scholarship.
another imbursement. Lauren
Lauren is a partner at a preeminent law
Shurman, though renowned for her
firm, Stoel Rives, where she has spent
legal ability, was not so adept at
her entire legal career. Lauren practices
deciding the best place to stack
employment and commercial litigation
combustible exhibits during an
at a high level, earning the respect of
arbitration proceeding in the historic
her colleagues. She’s a pillar of Stoel
Utah Supreme Court, at the east wing
Rives’ commercial litigation practice in
of the capitol building. Since the
Salt Lake.
completion of the Matheson
Courthouse, where Utah Supreme Like many of us, Lauren came to both
Court Justices hear most of their cases, Utah and the practice of law as a
the venerable chamber is generally complete stranger. She grew up in New
reserved for tour groups and ceremonial York and came to Utah for recreation
events. In the winter of ‘08, it was and school, graduating from the U of
loaned to former Chief Justice Michael U with a master’s degree in educational
Zimmerman for an arbitration in which psychology. None of her relatives were
Lauren would play a dramatic role. On lawyers. It was as a social worker that
a cold December day, the rhetoric Lauren decided she had a future in the
turned fiery when Lauren placed law. Fundamental to ambition is
exhibits near a projector radiating C h r i s t o p h e r H o g l e envisioning yourself successful in the
scorching heat from prolonged use. desired role, and as a witness testifying
Nothing good would’ve come from the in child welfare cases, Lauren saw
ensuing conflagration. Lauren, for example, would not have herself performing the part of her examiners, only better.
emerged from the flames with three dragon hatchlings, like Through hard work, shrewd legal instincts, and a positive
Daenerys Targaryen in The Game of Thrones. The only thing attitude, punctuated with her distinctive boisterous laughter,
that saved the historic courtroom from ruin was Lauren’s keen Lauren achieved her goal. Lauren has become a highly regarded
ability to smell smoldering arbitration exhibits and quick practitioner, well respected and well known in her adopted
reflexes. State. Her success is even more admirable, considering that she
A decade has passed since Lauren narrowly averted calamity at has two young children—ages 5 and 8—who Lauren raises
the historic high court, and Lauren is moving on to her next with her virtuoso husband, Jeremy Abernathy.
challenge, President of the Salt Lake County Bar Association. Congratulations to Lauren on becoming President of the
Rest assured, the SLCBA will be in capable hands. Lauren has SLCBA. Congratulations also to Mark Kittrell, who as the
served as an SLCBA Executive Committee member since 2007 SLCBA’s incoming Treasurer should consider increasing the
and most recently held the position of Vice President, restoring limits on the SLCBA’s insurance policy for losses caused by
to that office a measure of dignity sorely missed during the fires.
previous year. Unlike her immediate predecessor (whose
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Commissioner Profiles
By Dani Cepernich Commissioner Russell Minas
Those in the Salt Lake County Bar who do not practice Commissioner Minas was appointed to the Third District
domestic law may not have had occasion to appear before in 2018. Prior to his appointment, Commissioner Minas
one of the Third District Commissioners. This issue was in private practice at Lowe Hutchinson Cottingham &
spotlights three of our Commissioners: Commissioner Kim Minas.
Luhn, Commissioner Russell Minas, and Commissioner
What inspired you to become a Commissioner?
Michelle Tack.
I’ve long wanted to be able to make a greater impact than I
Commissioner Kim Luhn
felt private practice afforded. I’ve spent most of my life
Commissioner Luhn was appointed to the Third District in immersed in domestic relations practice/matrimonial law.
2016. Prior to her appointment, Commissioner Luhn My early years at Legal Aid opened my eyes to the
worked in private practice with an emphasis in family law. complexities of parents and children facing divorce and/or
separation, often compounded by emotional, physical,
What inspired you to become a Commissioner?
sexual, and substance abuse. Early on I was assigned to
I became a Commissioner as the next step in my family law several committees and boards dedicated to improving
career. After over twenty years of experience, I wanted to policy and practice, and to make the courts more accessible.
use everything I learned as a family law attorney and as a I immediately took a liking to committee work and its
person as a foundation to becoming a decision maker. broad reach, and ever since have continued serving in
Being a Commissioner also gives me a platform to teach various capacities. I felt that becoming a commissioner
parties about the consequences of their actions, primarily would afford me even better and more opportunities to
when it comes to the potential long term psychological and positively affect families ending up in the courts—to steer
physical damage to children caused by high conflict divorce people in the right direction and encourage them to think
and paternity cases. Every once in a while someone gets it, about the big picture—and mostly this has been the case.
and modifies their behavior, at least for a moment. To see
What have you found to be the most challenging aspect of
this is the most satisfying part of being a Commissioner.
serving as a commissioner?
If you could give practitioners appearing in your courtroom one
Hearings before the Third District Commissioners are
piece of advice, what would it be?
primarily proffers of testimony, without the ability to hear
Own your facts, even if they are not good facts, and be real from and observe sworn witnesses subject to cross. So the
about the possible outcomes, both to your clients and to biggest challenge for me is assessing credibility in cases of
the court. widely disparate representations of fact when there is little
When not at work, what are you most likely to be spotted or no independent corroboration.
doing? What do you enjoy most about serving as a commissioner?
This one is hard. As many family law attorneys are aware, I I prefer the role of the neutral rather than carrying the
am recently handicapped. No one can figure out why, after torch for one side of a dispute. This is consistent with my
apparently successful surgery, I still walk on the side of my prior work as a mediator and private guardian ad litem, and
foot and need to use a cane. I used to play tennis, hike, do in my youth as an ice hockey official. I feel I have pretty
yard work and walk my dogs. My favorite vacation good sense of fairness along with an ingrained knowledge of
involved fishing. Now, I am in transition, wondering what domestic law, and in this context I enjoy being vested with
is next. decision-making authority. The stress of this job so far has
been positive. It’s of the type that heightens my senses and
my sense of duty. I’m also quite happy about no longer
having to deal with the business end of the practice of law.
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Commissioner Profiles C o n t i n u e d
If you could give practitioners appearing in your courtroom one with no hope of escape. And most importantly the
piece of advice, what would it be? commissioners bring donuts/cookies as a way of saying
thanks to the volunteers. If you want to be become
Work hard to settle. Repeatedly. Divorce and separation
involved, please contact Shana Walters at
are the most painful of times, and the process should be
shanadw@utcourts.gov and ask to be put on the email list.
about problem solving. It’s not easy for people to get past
We host quarterly noon-hour sign up meetings at the
feelings of loss, and perhaps also betrayal by someone
Matheson Courthouse, with lunch provided.
they’ve loved and have had children with together. In my
view, attorneys practicing domestic law have an obligation A fun tidbit for members of the Salt Lake County Bar
to fulfill not only the role of advocate, but also that of Association:
counselor. If you do end up in court please be candid
I once was arrested three times in one day, on purpose. I’ll
about your own client’s shortcomings, and don’t overstate
leave it at that.
those of the opposing party. Please propose reasonable, well
thought-out solutions and avoid pleadings and conduct that Commissioner Michelle Tack
fan the flames of acrimony. Demonizing and overreaching
What did you want to be when you grew up when you were
diminishes the effectiveness of the argument, as well as your
young?
reputation.
When I was young, I wanted to be a pre-school teacher…
If you had to choose an entirely different, non-legal career,
who wouldn’t want to finger paint every day?!
what would it be?
If you could give practitioners appearing in your courtroom one
A whitewater rafting guide and/or nature photographer.
piece of advice, what would it be?
What did you want to be when you grew up when you were
My best advice to practitioners would be to protect your
young?
reputation with the Court—it really does take ten positives
A TV weatherman. to offset one negative.
When not at work, what are you most likely to be spotted What is the best movie you’ve watched lately?
doing?
On the Basis of Sex
In my imagination I’m spotted on the river and at music
If you had to choose an entirely different, non-legal career,
festivals. In reality, more often I’m spotted at little league
what would it be?
baseball games and youth karate tournaments.
I would choose something creative… maybe costume
If you could affect one change in the legal community, the legal
design or construction design, both areas which I enjoy.
profession, legal education system, or justice system, what
Seeing your efforts evolve into a finished product can be
would it be?
very satisfying.
On a micro level, I would like to see more widespread
attorney volunteerism in the Third District domestic pro se
calendar program. These are special settings intended for
those who can’t afford lawyers. Volunteer attorneys enter a
limited appearance for representation at the hearing only.
Often it involves just helping someone finalize their
paperwork. Other times it involves assisting with
resolution of disputed issues. Sometimes it involves oral
argument. The self-help center is present to act as a scribe
so that written orders can be generated immediately. The
program has been very successful thus far. One allure for
those looking for pro bono opportunities is that because the
time commitment is only for the day of hearing, one need
not fear being pulled into the vortex of domestic litigation
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Justice Tongue T h e S i n g l e G r e a t e s t A s s e t
Dear Justice Tongue,
I am a new attorney still trying to figure out how things work in the real world of practice. With one
exception, I am finding that my law school classes, clinics, and internships did a good job of preparing me. It
is 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 we
also took an oath to abide by a code of civility, and we had seminars, guest speakers, and a wonderful
ABOTA presentation on civility and professionalism. All of this, I thought, was to prepare me to enter a
profession where integrity and credibility are paramount. In my brief exposure to current practice I observe
that many attorneys seem to believe civility means that they may misrepresent, obfuscate, and play games all
they want so long as they do it politely. I understood civility to mean much more than mere politeness. Was I
wrong?
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 beloved
vineyard, and unfortunately my brilliant clerk is out on maternity leave. I therefore must make a hasty, short, but to the point
reply.
Oh my, my, you are telling this good Justice that your law school lessons did not prepare you for the shock of duplicitous
adversaries who mock the substance of the Utah Rules of Professional Conduct and the Standards of Professionalism and Civility
by the polite, but unethical practice of law. Is this truly your first exposure to professionals that sacrifice the substance of ethical
mandates with the pantomime of piety? Oh what a shock to find that some of our brothers and sisters in this revered practice
elevate 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 your
being. We, the judiciary, should be the backstop of civility and professionalism, and serve as a bulwark against such behavior that
degrades the ethics of our profession while masking disgraceful conduct under the guise of politeness. It is we in the judiciary that
must enforce the rules meticulously and condemn gamesmanship, duplicity, and misrepresentation, under any guise. We must
reward those who demonstrate honesty and promote comity, and make clear to all those who practice this noble profession that it
is 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 the
polite dishonor in order to reinforce the letter and substance of our standards, and penalize those who willfully violate them. This
Court gave advice to a young ambitious lawyer some time ago, and, given the press of my imminent departure for a well needed
rest, 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 most
unprofessional, uncivil and unethical thing you can do as an advocate is to misrepresent or dissemble. Your word and its
reputation for reliability is the single greatest asset that you have as a trial lawyer. Judges should brook nothing less, and juries will
sense its presence or absence instinctively. The only colleagues you need to concern yourself with must know that it is always
there, and over time everyone will know one way or the other.
Welcome to the fight.
Fondly,
Justice J. Learned Tongue
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On Belonging Ti f f a n y S h i m a d a
By Kristen Olsen Shimada also maintains a positive outlook when she has
experiences that remind her she is different than the
“When I was growing up, I knew of two black female
majority of Utah attorneys. “I choose to see those
attorneys: a cousin and Claire Huxtable,” explained Tiffany
experiences as opportunities to show people that I am an
Shimada. Shimada, who practices trademark and copyright
attorney who happens to be a black woman,” she said.
law at Dorsey & Whitney, said, “people laugh about the
“The barriers were created by other people, but I don’t
Claire Huxtable reference, but it mattered to see a black
claim them as mine. I aim to do my best regardless.” She
woman on TV portraying a successful lawyer with a family
explained that we all came to this profession to further the
because it meant that it was possible.”
rule of law and promote justice. “If you’re not doing that
Shimada, who is one of only about 5 black female attorneys in concert with others,” she asked, “then is it really
practicing in the state of Utah, moved to Utah from happening?”
Chicago in 2015. According to the Executive Director of
Despite the challenges she has faced, Shimada is encouraged
the Utah Center for Legal Inclusion, Aida Neimarlija, the
by positive trends in Utah. “I see a desire to make a
Utah Bar is comprised of approximately 25% women and
change, which is the first step,” she said. “I also see more
less than 10% attorneys of color. When
diversity in business and industry in Utah,
Shimada learned that there were only 4
which should bring positive changes.” Real
other attorneys who looked like her in the
change in this regard will take hard work,
entire state, she said, “It was a shock to my
she said, and “if the leaders in our
system.” She explained that, as a member
profession and justice system are not
of such a small minority, she feels like she
invested, then it will be difficult to effect
has to work harder to prove that she
change.” Everyone must be invested at all
belongs. For example, people will often
levels, she cautioned, or we won’t get
make the assumption that she is not an
anywhere.
attorney, even when she is dressed the part
and acting in that role. Shimada has To that end, she stated, “I encourage those
friends, both female attorneys and attorneys from ‘majority’ groups—not just white
of color, who are often mistaken for court men, but white women, heterosexuals, etc.
reporters, translators, defendants in the —to go to events where you are a minority
courtroom—“anyone but an attorney,” she in the room. Feel the uncomfortableness of
said. This may seem like a minor that and embrace it.” Then, she said, start
inconvenience, she explained, but having asking questions so that you have a better
Ti f f a n y
to continually explain that you deserve a understanding of that group and their
S h i m a d a
seat at the table can be exhausting, unique challenges and perspectives. These
especially when a client is observing the experiences will help you understand what
interaction or in situations that are already high stress and it feels like to be an outsider, she said,” if only for a
high stakes. moment.” And ultimately, these experiences will give you
the gift of empathy. To other attorneys of color or
She said it was difficult at first to be an outsider in Utah’s
members of underrepresented communities here in Utah,
legal community because she did not have a built-in
Shimada offered this advice: “Develop a spiritual and moral
network of attorneys or any mentoring relationships. This
compass, and stay true to yourself. It may or may not ‘get
is often a challenge for aspiring young attorneys from
better,’ but you can change your perspective and keep a
underrepresented communities who do not know, and are
positive outlook if you remember what’s most important in
not related to, any practicing attorneys. Claire Huxtable
life.”
certainly couldn’t help her. Fortunately, over time, Shimada
was able to invest in relationships and develop a network of
colleagues and mentors. These mentoring relationships, she
explained, have helped her navigate the legal profession and
overcome the barriers she has experienced.
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Practitioner Profile E m i l y A d a m s
By Melanie Grayson After the clerkships, Adams relocated to Utah. Knowing she
wanted to make a go of appellate work and being an
Everyone knows that Zimmerman Booher is a boutique
outsider to the Utah legal community, Adams knew she
appellate firm in Utah. But with that firm’s glowing roster
needed to make meaningful connections. She began asking
of judicial alumni, it can be easy to forget that there are
who the big appellate dogs on the block were. One name
other talented appellate lawyers practicing in this state. Take
that kept surfacing is now-Third District Judge Linda
Emily Adams. A Colorado native and graduate of the
Jones. Judge Jones agreed to supervise Adams so that Adams
University of Minnesota Law School, Adams has been
could take on qualified indigent appellate defense work.
practicing as an appeals specialist for five years, based in
Adams was fortunate to work with Jones for a few appeals,
Bountiful.
learning valuable insights from one of Utah’s most well-
After attending BYU for undergrad, Adams and her known criminal appeals attorneys. Adams decided that she
husband both wanted to pursue advanced degrees, she in would give herself five years to develop a solo practice. If
the law and he in Russian History. Eventually, they both she wasn’t successful in that timeframe, she would consider
attended law school. Adams always aspired to be an a change of course. Adams picked up
attorney and is one of those slightly nutty conflict work for indigent appeals from a
individuals who claims that she “loved law few counties. Over time, she developed a
school.” She distinctly remembers sensing robust practice, with a mix of criminal and
that the “air smelled like people thinking civil appeals. At the five-year mark, Adams
hard,” which may have foreshadowed her has established Adams Legal, a law firm
career in appeals. While in law school, comprised of herself and husband Lucas
Adams had her first child during her 2L Adams, and she has no intention of
year. This major life event helped Adams changing course.
plan carefully and learn to use every minute
Now, Adams handles between one and two
wisely, as she had limited time and
dozen appellate cases a year, before either
competing priorities.
the Utah Court of Appeals or the Utah
Once she graduated, Adams secured two Supreme Court. With several years of
clerkships. One was with Judge Joan experience under her belt, Adams explains
Ericksen in the U.S. District Court for the that the most challenging part of appellate
District of Minnesota. This clerkship with work is figuring out how to get the court
a federal trial court felt like the “wild west” E m i l y A d a m s to see an issue from her client’s side. Her
to Adams. The cases before the court were advice to other appellate attorneys: don’t
big, the schedule unpredictable, and hide from any of the facts. Instead,
discovery disputes unpalatable. For her other clerkship, acknowledge everything that happened, especially in a
Adams clerked with Judge Heidi Schellhas on the criminal appeal, and minimize the bad facts in a logical
Minnesota Court of Appeals. She quickly discovered that in way. If facts are ignored or overstated, the court will be
appellate work, the schedule is predictable and the unable to trust the briefing. The same is true regarding
discovery disputes non-existent. Appellate work, rather than unsettled areas of law. Adams is also a proponent of Rule
trial court litigation, better suited Adams’ personality. To 23B hearings, a mechanism through which appellate
this day, Adams credits her appellate clerkship for many of attorneys are able to introduce evidence that is not in the
her successes. Judge Schellhas carefully mentored her clerks record. Rule 23B investigations require her to reinvestigate,
and trained them well. Adams soaked in high-level briefing, which increases the time and expense of an appeal.
argument, and opinion-writing. She learned that there were Nonetheless, Rule 23B is a critical tool in appeals for
certain attorneys’ briefs that could not be trusted; those criminal defendants.
attorneys tended to stretch facts too far, omit inconvenient
She also encourages appellate practitioners to hone their
facts, or mischaracterize the law.
writing, including by reading about legal writing; pick the
best issues for appeal, rather than the most; get their point
across quickly in briefing; provide the court enough facts to
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Practitioner Profile C o n t i n u e d
understand the scenario, but not so many that it is not
digestible; and humanize the client, especially a criminal
defendant, as much as possible. As for trial attorneys,
Adams reminds practitioners than their job is to preserve
the record for appeal. For example, certain body language
and hand gestures do not show up on the record, and some
bench conferences during trial are inaudible because the
microphones cannot pick up the whisperings of the judge
and the attorneys.
Adams most enjoys cases where the law in Utah is just
developing. She commonly draws from the law in other
states because Utah is a small jurisdiction where holes in
certain areas of the law still exist. She works to generate the
best, most comprehensive brief she can,
knowing that the briefing does the vast
majority of the work in an appeal. Her advice
to other
In all, Adams considers herself incredibly appellate attorneys:
lucky to practice the type of law that
interests and challenges her and to be able don’t hide from any of
to raise her three kids at the same time. the facts. Instead,
acknowledge
everything that
happened, especially
in a criminal appeal,
and minimize the bad
facts in a logical way.
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New Lawyer Spotlight A l l i s o n P a r k s
By: Michael Langford Orleans prior to admitted student day, but it was a decision
she has never regretted. She absolutely fell in love with the
Allison Parks graduated from the Tulane University School
“Big Easy” and found the city to be “magically weird.” She
of Law in 2014. She is now a dedicated Assistant City
loved the people and loved how they enthusiastically
Attorney for Salt Lake City where she focuses on litigation
participated in the cities many cultural events, and describes
and land use planning.
New Orleans as a foreign city that just happened to be in
A native to Salt Lake City, Allison attended Judge the United States.
Memorial High School where she played lacrosse and
While in law school, Allison was a member of the
swam. After graduating from Judge in 2003, she enrolled at
Environmental Law Society where she helped plan and host
Westminster College on an academic scholarship. While
environmental law summits. She also worked at a
there, she was on the cross-country team and enjoyed
plaintiff ’s firm in New Orleans, the Southern Utah
competing at many small schools in Westminster’s athletic
Wilderness Alliance, and the U.S. Department of Justice.
conference, particularly the schools located in the Pacific
Northwest. She studied English understanding the After graduating from law school, Allison and Luke
importance of mastering the skill of returned to Utah and took jobs working for
writing. Legal Aid in Monument Valley. As an
attorney at Legal Aid Allison handled a
Law school was not always in Allison’s
variety of issues, including family law,
plans, at least not immediately. A desire for
consumer protection, and representing
adventure and travel and some very good
victims of domestic violence. With a high
advice from a friend drew her to work
caseload and low resources, the job was at
abroad, after college, and Allison moved to
times overwhelming but personally
Matsumoto, Japan—Salt Lake’s sister city—
rewarding, as Allison enjoyed being an
to teach English for two years, despite not
advocate and helping disadvantaged people
knowing any Japanese. She speaks fondly
navigate the legal system.
of her experience working in Japan where
she was able to experience a different Allison and Luke returned to Salt Lake
culture and enjoy all that was different than City, and she was hired at her current
her life here. position. She loves her job as it is fast
paced, and Allison is fascinated with the
Adventure drew Allison to Japan but
A l l i s o n P a r k s complex legal matter she works on which
idealism and compassion drew Allison to
include civil rights and constitutional law
her next job. Allison returned from Japan
issues. She also enjoys the people she
to work for AmeriCorps at the Wasatch
works with and has had great mentors who have offered her
Community Gardens, where she wrote grants and was a
great advice and support.
development and outreach coordinator. The pay was low,
but she felt strongly about public service and loved Allison’s [former] boss at Salt Lake, Margaret Plane, points
AmeriCorps’ mission. to Allison’s work defending the city in civil rights cases filed
by pro se litigants as emblematic of her unique abilities.
When she finished her work at AmeriCorps, Allison made
Despite often dealing with difficult opponents, whose
the decision to attend law school. She and her boyfriend,
argument too-regularly devolves into nasty and personal
Luke—now an attorney at the Salt Lake Legal Defender’s
attacks, Allison is extremely effective, while remaining calm,
Association—decided to take the LSAT. While Allison had
compassionate and gracious.
an interest in environmental law and was looking at schools
in the Northwest, she and Luke ultimately chose to attend When she is not at her office in City Hall, Allison can be
law school at Tulane University in New Orleans, in part found working on house projects, mountain biking, and
because of its environmental law program and because running with her two dogs.
Tulane was the first law school to institute mandatory
public service for its students. Choosing New Orleans and
Tulane was bold because Allison had never visited New
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Dicta T h e Vi c t i m W h o Wa s n ’t
By Michael Young we were all so impressed because here was this guy who
never attended class but was still getting really good grades.
“We were out of beer,” Judge Brooke Wells recalls. At the
Later, of course, we found out that he had already attended
time, Judge Wells was serving as Secretary of the Student
law school once before at the University of Puget Sound,”
Bar Association at the University of Utah’s S.J. Quinney
Judge Wells recounts.
College of Law. She was also attending law school with the
infamous serial killer, Ted Bundy, who lived in Salt Lake Nancy Wilcox. Melissa Anne Smith. Laura Ann Aime.
City.
With efforts to formally identify him having failed, Dryer
Judge Wells and Randy Dryer, then-President of the turned his attention to preparing for the social, all the while
Student Bar Association, had organized a social for the knowing that his classmate was an alleged serial killer. The
university’s law students and the students were thirsty. “I social was held at the Cottonwood Softball Complex on
told Randy that I could go get more beer, and Bundy 1300 East and 4500 South and Dryer’s recollection diverges
offered to give me a ride,” Judge Wells explains, “but Randy a bit from Judge Wells’s at this point. “Judge Wells and I
wouldn’t let me get into his car.” Judge Wells explains, “butwere both serving in the Student Bar Association and as
Randy wouldn’t let me get into his car.” part of our duties we oversaw this party. I
remember telling Judge Wells that if she
Karen Sparks. Lynda Ann Healy. Donna Gail
would set up the party, I would take care of
Manson. He began as a clean up,” Dryer explains. “Well, I’m there
At his most base, Bundy was a pedophile, a petty thief and in at this party and people are having fun and
necrophile, and a murderer. socializing and I look over and there he is,”
Notwithstanding, notoriety precedes his the end died just as Dryer said. “And I couldn’t say anything.”
mention. Media celebrates his charm.
Human nature compels fascination. He
feebly, withholding Carol DaRonch. Debra Jean Kent. Caryn
Eileen Campbell.
began as a petty thief and in the end died closure from his
just as feebly, withholding closure from his As the party began winding down a group
victims in an effort to extort a few more
victims in an effort of students decided that they would
days of life. to extort a few continue the evening at The Green Parrot,
a bar once located at Trolley Square. “Judge
Susan Elaine Rancourt. Roberta Kathleen more days of life. Wells approached me to tell me that she
Parks. Brenda Carol Ball.
was heading to the Green Parrot and that
Despite what he was, interest in who he was [Bundy] was going to give her a ride.”
persists. “He was the All-American kid,” Dryer notes. “He Dryer remembers telling Judge Wells, “no, I’m sorry, but I
was outgoing, likeable, very gregarious.” So when Dryer need you to stay here and help me clean up.” Fortunately
was notified in confidence by the dean of the law school for Judge Wells, her protests and indignation fell on deaf
that he was a suspected serial killer, Dryer was shocked. “I ears and she stayed behind. “She was not happy with me at
was flabbergasted,” Dryer admits. Nevertheless, a witness the time,” Dryer mused. “But I couldn’t let her go with
had escaped his clutches and had come to the law school to him.” Bundy was arrested a few days later.
identify him. The dean wanted Dryer to meet with the
Julie Cunningham. Denise Lynn Oliverson. Lynette Dawn
police and the victim to escort them to an area where the
Culver.
victim could identify him. Ironically, Dryer guided them
to outside Professor Lionel Frankel’s criminal law class. After the arrest, no one could believe he was guilty. In fact,
Only he did not attend class that day. many in the law school actively tried to exonerate him. “I
recall as a single mother giving everything I could afford to
Georgann Hawkins. Janice Ann Ott. Denise Marie Naslund.
his defense fund,” Judge Wells stated. Dryer recalled
It was not unusual for him to be absent from class. In fact, “people selling t-shirts to raise money for his defense.”
he had garnered the nickname “The Elusive Mr. Bundy” Many students attended and sat through his trial, and
during the first semester of 1L year at the U because he despite the allegations and testimony at trial, their support
often did not show up to class, Judge Wells recalls. An never wavered. Judge Wells confesses that “it wasn’t until he
omen that proved both accurate and surreal. “At the time
9
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BAR BENCH
Dicta C o n t i n u e d
escaped from prison and was later caught in Florida that I
actually believed he was guilty.”
Susan Curtis. Margaret Elizabeth Bowman. Lisa Levy.
Dryer thinks there will likely always be a “morbid
fascination” about him. “If he could be a serial killer, who
else might be out there?” Judge Wells likewise admits that
she pays close attention to T.V. specials and documentaries
about him if, for no other reason, to fill in the blanks. “It is
really strange to have known this person before they became
famous for these incredibly horrible acts,” Judge Wells
explained. There is so much known about him now that is
completely inconsistent with what she knew and
experienced before, except one thing: “I do recall thinking
even at the time that he had a very uncanny
ability to change his looks dramatically in a
blink of an eye.” Indeed, many have noted Indeed, many have
how quickly he could change his noted how quickly he
appearance and blend into the background.
Perhaps it was this ability to become could change his
anonymous and unremarkable that truly appearance and blend
embodies who he was. into the background.
Karen Chandler. Kathy Kleiner. Cheryl Perhaps it was this
Thomas.
ability to become
Today there are entire television channels
dedicated to the sensationalism of the anonymous and
macabre. In this theater, he assumes a large unremarkable that truly
presence often referred to as handsome, embodies who he was.
charming, well-liked and extremely
intelligent. But this was all counterfeit. In
truth, he was insecure and small. Particularly when
compared to those like Judge Wells who went on to become
a federally appointed magistrate judge. And Dryer who is
now a Presidential Honors Professor at the University of
Utah and Lecturer for the S.J. Quinney College of School.
He stole lives. And if people like Dryer and Judge Wells are
any indication of the caliber of lives he stole, the world
truly lost more than we will ever understand and,
ultimately, fascination with him might be better directed
inward.
Kimberly Diane Leach and, no doubt, countless others far
more deserving of ink than he.
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Dicta Wi n e B a r R e v i e w
By Michael Langford
Whether you’re a former denizen of the Salt Lake dance
looking for the opportunity to remember what was while
enjoying a craft cocktail, a federal court regular-seeking a
quick and quiet escape from the formality and rigors of the
‘Glass Cube’, or a fair reader hoping for a satisfying wine
bar in our City of Seagulls, BTG Wine Bar may your ticket.
BTG Wine Bar is located under Cafe Molise, and it is the
basement of the building that once housed the Bar and
Club 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 the
Southwest corner of 400 South and West
Temple. (I was also assured that there are
no longer any wet t-shirt contests). But the
ambience, spirits, service and bountiful
wine selection more than made up for the
lack of the former. Indeed, BTG has over
150 listed (and roughly 150 off-list) wines
selections. And they are all, of course, By
The Glass. These can pair with a savory
selection from the Bar Bites menu, which
ranges from duck meatballs, mushroom
pate, and pizza to the complete Cafe Molise
menu. Navigating and pairing of the
prodigious offerings could and has
threatened to overload a circuit or liver or two. Yours truly
speaks from experience.
But my first visit to the Salt Lake’s only true Wine Bar was
no sweat. Admittedly, despite my best efforts, I did not
make it all the way through the list. A body can only drink
and 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 just
a 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. This
delightful gem across from the federal courthouse is a
worthwhile watering hole. Like the long passed Port O’
Call, it will leave you wanting more and not having had
enough.
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BAR BENCH
Recent Precedents L a w D a y L u n c h e o n
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BAR BENCH
e-SLCBA T h e S L C o u n t y B a r o n l i n e
Oh, yes, we’re social...
The Salt Lake County Bar is on Facebook.
Check us out to connect with other members,
on
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Design Company
see pictures of our events, start a discussion
and other fun stuff.
Group on
Our website address!
www.slcba.net
Check out back issues of the Bar and Bench, a calendar of
upcoming events, and other helpful information on the
Salt Lake County Bar's website.
Outreach S L C B A S c h o l a r s h i p f u n d f a c i l i t a t e d b y
t h e U t a h C e n t e r f o r L e g a l I n c l u s i o n
SLCBA will be providing LSAT prep
courses to students who want to
advance equity and inclusion in Utah’s
justice system. Donations to this
scholarship fund can be made at
utahcli.org/donate.
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