Utah State Law Library

Tuesday is election day. All elections are important, but some are more significant than others. In 1895, voters were deciding whether to approve the new Constitution, an important step in the process of becoming a state.

In an article published in the 1995 edition of Beehive History, Jean Bickmore White describes the issues surrounding the 1895 Utah election. Voters were also choosing who would fill the elected offices created by the new Constitution, including governor, secretary of state, attorney general, supreme court justices, Congressional delegates and members of the state legislature.

Although the Constitution was approved by a wide margin, many eligible voters did not vote - an estimated one in six. Nearly one in five who did vote voted against it.

Women were not allowed to participate in the election. A district court judge granted Sarah E. Anderson a writ of mandate requiring the registrar of voters to register her as a voter for the upcoming election, finding that the new Constitution would provide women the right of suffrage. The Utah Territorial Supreme Court overturned the trial court decision, limiting the vote to males citizens over 21 who had lived in the territory over a year.

Don't take your right to vote for granted - have your say on Tuesday!

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The Equal Employment Opportunity Commission recently held a public meeting to discuss the use of credit histories for screening potential employees. A hearing is one of many first steps a federal agency can take in the process of creating federal regulations.

Currently, the Fair Credit Reporting Act allows for the disclosure of credit reports for employment purposes (see 15 U.S.C. §1681b). However, many organizations are speaking out against this practice.

At the EEOC's public meeting, representatives from civic organizations and the legal community presented their arguments against the use of credit histories when screening job applicants. Sarah Crawford from the Lawyers Committee for Civil Rights Under Law stated "credit checks create an unnecessary obstacle for those seeking gainful employment."

The National Consumer Law Center is also concerned with the use of credit histories by employers. In addition to speaking at the EEOC public meeting, the NCLC has also testified before the U.S. Subcommittee on Financial institutions and Consumer Credit earlier this year in support of H.R. 3149: Equal Opportunity for All Act. This resolution, still pending in the U.S. House of Representatives, would amend 15 U.S.C. §1681 to prohibit the use of credit histories for employment purposes.

For more information on credit reports, check out these resources:

• The National Consumer Law Center has several consumer publications online, including What You Should Know About Your Credit Report and Understanding Credit Scores.
  
• The Federal Trade Commission has information on Employment Background Checks and Credit Reports. This explains what procedures an employer must follow if they are seeking a potential employee's credit report.

Posted by Joanne Vandestreek at 08:06 AM | Permalink | Comments (0) | TrackBacks (0)

In the next few weeks, LexisNexis users will notice changes to the legal research database. Enhancements will be implemented without you having to download anything or use a new ID and password.
Preview the new look here and here. The preview indicates the database will have fewer tabs and it will be easier to access your research history as well as perform common tasks.
More information about the changes is found at the Lexis Q&A page.

Posted by Mari Cheney at 07:50 AM | Permalink | Comments (0) | TrackBacks (0)

Earlier this month we blogged about election resources and judicial retention elections.

Did you know that the Utah State Library for the Blind and Disabled offers voter information in alternate formats, including large print, braille and MP3 audio files? Check it out and be an informed voter!

Posted by Jessica Van Buren at 07:46 AM | Permalink | Comments (0) | TrackBacks (0)

The wireless password for the week of October 25, 2010 is juicy.

More information about wireless access in Utah's courthouses.

Posted by Jessica Van Buren at 07:17 AM | Permalink | Comments (0) | TrackBacks (0)

Telemarketing and charity scams are on the rise, including schemes where scam artists pose as employees of federal government agencies and charities like the Make A Wish Foundation (Read their fraud alert here.).

The Federal Trade Commission provides information about this type of fraud and how to report it, including these red flag warnings if you think a phone call like this might be too good to be true:

1) Don't pay to collect sweepstakes winnings.
2) Hold on to your money.
3) Look-alikes aren't the real thing.
4) Phone numbers can deceive.

More information about phone call scams is found at Who's Calling? Recognize & Report Phone Fraud. If you believe you have been a victim of one of these scams, file a complaint with the FTC. Sometimes other agencies get involved with investigating fraud claims -- in 2009 U.S. Immigration and Customs Enforcement partnered with the Jamaican government to investigate and dismantle a telemarketing scam targeting U.S. Citizens. Read about their investigation here.

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October 24th is United Nations Day, commemorating the day in 1945 that the UN Charter became effective after being signed by fifty-one countries earlier that year.

The United Nations was formed to promote peace and cooperation among member nations. October 24th officially became United Nations Day in 1947 when the UN General Assembly adopted Resolution 168 (II). Although the UN is its own entity, it is not a separate government and does not create laws.

The judicial branch of the United Nations is known as the International Court of Justice. This court has jurisdiction over interpretations of international law and treaties and breaches of international obligations between member states. Like U.S. state and federal courts, there are court rules and practice guidelines for cases before this court. The International Court of Justice has the unique ability to provide advisory opinions requested by specific international agencies. You can find information on all cases heard before the court since 1946 online, including orders, objections, and other filings.

The UN has the authority to establish International War Crimes Tribunals under Article 7 of the UN Charter to consider charges of crimes against humanity, war crimes, or genocide. A war crimes tribunal can be created by resolution. In 1993, for example, the UN Security Council passed Resolution 827 to establish the UN International Criminal Tribunal for the Former Yugoslavia in response to war crimes committed during the Kosovo War in the 1990s.

There is a separate International Criminal Court that is not part of the UN, but is rather established as part of a treaty (the Rome Statute) signed by 113 countries. Countries who have signed the treaty or the United Nations Security Council may refer cases to this court. This court has jurisdiction over events on or after July 1, 2002.

Posted by Joanne Vandestreek at 08:32 AM | Permalink | Comments (0) | TrackBacks (0)

Last year's blog post on Utah's Election Laws & Resources points to links that have information for Utah voters in this year's midterm election.

All three U.S. House of Representative incumbents are up for re-election:
1st District Congressman Rob Bishop (R)
2nd District Congressman Jim Matheson (D)
3rd District Congressman Jason Chaffetz (R)

One U.S. Senate seat in Utah is open this year.

At the state level, the governor, lieutenant governor and many house and senate seats are on the ballot. For a complete list of candidates in this year's election, visit the voter information page. Many judges are also on this year's ballot; information about those judges is found in the Voter Information Pamphlet. More information about judicial retention elections is here.

Want to be reminded about polling locations and voting hours prior to an upcoming election? Sign up to receive text message or email reminders.

Posted by Mari Cheney at 09:01 AM | Permalink | Comments (0) | TrackBacks (0)

October 24-30 is Pro Bono Week, celebrating free legal assistance to people who can't afford to hire attorneys and recognizing those who provide such services.

There are a variety of free legal clinics for the public being offered throughout the state during Pro Bono Week, including the new Debtor's Counseling Clinic and a one-time legal clinic being held at the Utah Valley University Library the evening of October 26th. Call the UVU Legal Studies office for more information: 801-863-8134.

There are several events scheduled for attorneys, including an opening ceremony, a free film screening, a pro bono social, and a one-hour CLE on Family Law Basics.

Pro Bono Week is celebrated nationwide. Check out the ABA's National Pro Bono Celebration site to find out about events nationwide.

Posted by Joanne Vandestreek at 08:18 AM | Permalink | Comments (0) | TrackBacks (0)

Here is the list of free classes the Utah State Law Library is offering in November:

Small Claims Basics
Thursday November 4th, 4:30-6:00 p.m.

Collecting a Judgment Basics
Not offered in November because of the Veterans' Day holiday

Court Website & State Law Library Basics
Friday November 12th, 3:30-4:30 p.m.

Landlord-Tenant Basics
Thursday November 18th, 4:30-6:30 p.m.

All classes are held in the Matheson Courthouse in Salt Lake City.

Class size is limited, so registration is required. To reserve your spot:
call 801-238-7990 or email library@email.utcourts.gov.

Please Be Prompt!
As a courtesy to our volunteer instructors, please be on time. Classes may be canceled if students are not present at the scheduled start time.

Posted by Jessica Van Buren at 03:15 PM | Permalink | Comments (0) | TrackBacks (0)

Having trouble with a neighborhood dog? Wondering what your responsibilities are as a dog owner? Nolo's Every Dog's Legal Guide by Mary Randolph might be the book for you!

Topics covered in this book range from leash laws, dogs in vehicles, animal burial restrictions, barking dogs, assistance dogs, dog bites, dangerous dogs and animal cruelty. The book also has an appendix of state dog-bite laws and tips for researching state and local dog laws.

While this books is not new (2007), it is new to our library. You are welcome to look through it at our library; your public library may also have a copy you can check out.

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The wireless password for the week of October 18, 2010 is intro.

More information about wireless access in Utah's courthouses.

Posted by Jessica Van Buren at 07:14 AM | Permalink | Comments (0) | TrackBacks (0)

We've received a new book called Credit Repair by Robin Leonard & John Lamb. This book is published by Nolo, a company which publishes books written for non-lawyers.

Credit Repair provides tips for assessing your debt situation, how to avoid overspending, how to handle your existing debts, how to clean up your credit report, and how to build and maintain good credit. It also includes sample forms and letters.

Have additional questions about credit repair? See our recent announcement about the new Debtor's Counseling Clinic.

Posted by Jessica Van Buren at 09:25 AM | Permalink | Comments (0) | TrackBacks (0)

We've received the newest edition of Nolo's The Foreclosure Survivial Guide by Stephen Elias.

This second edition provides information on a variety of topics, including whether you can or should keep your house, negotiating a workout, and fighting foreclosure. It also includes a glossary of foreclosure-related terms, and summaries of foreclosure laws for every state.

Have additional questions about foreclosure? See our February post about foreclosure prevention and our recent announcement about the new Debtor's Counseling Clinic.

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The wireless password for the week of October 11, 2010 is hedge.

More information about wireless access in Utah's courthouses.

Posted by Jessica Van Buren at 06:18 AM | Permalink | Comments (0) | TrackBacks (0)

District courts have been accepting ePayments since last year, and now juvenile court payments for restitution and fines and fees can be paid online at https://courtapps.utcourts.gov/JuvenileEpaymentWEB/. In addition to making payments online, if you have your case number and court-issued PIN number, you can view information about your juvenile case, including court orders, money owed and upcoming hearings.

Posted by Mari Cheney at 02:32 PM | Permalink | Comments (0) | TrackBacks (0)

The Law Library, and all Utah State Courts, will be closed on Monday, October 11 for the Columbus Day holiday.

Columbus Day has been a federal holiday since 1971; the first recorded celebration in the U.S. took place on October 12, 1792, 300 years after Columbus' landing.

For more information about Columbus Day, check out the Library of Congress' page about the holiday or the Library's online exhibition, "1492: An Ongoing Voyage."

Posted by Mari Cheney at 09:01 AM | Permalink | Comments (0) | TrackBacks (0)

Article VIII, Section 9 of the Utah Constitution says that each judge of a court of record must stand for retention in a non-partisan, unopposed election:

The Utah State Bar, Utah Legal Services and the Pro Bono Initiative of the S.J. Quinney College of Law are co-sponsoring a new debtor's counseling clinic.

This clinic will be held the fourth Thursday of the month from 6:00 to 8:00 pm at the Salt Lake City Public Library, 400 E 210 S, in the Conference Room on Level 3.

This clinic will provide help in the areas of bankruptcy, collections and credit issues.

Posted by Jessica Van Buren at 03:26 PM | Permalink | Comments (0) | TrackBacks (0)

The library has received 20 Court of Appeals briefs. The docket numbers range from 20070932 to 20100075 (list not inclusive).

If you're looking for a specific brief, contact the library by phone (801-238-7990) or email to make sure we have it. If you can't come in to make copies yourself, we offer a document delivery service for 25¢ per page and will scan the briefs and email them to you.

Posted by Mari Cheney at 10:56 AM | Permalink | Comments (0) | TrackBacks (0)

The wireless password for the week of October 4, 2010 is grown.

More information about wireless access in Utah's courthouses.

Posted by Jessica Van Buren at 06:56 AM | Permalink | Comments (0) | TrackBacks (0)