February 2015

After several months of silence, but lots of work, UPC is back in the business of publishing relevant information, just not in the way we used to.  The Prosecutor will no longer be published in its old format.  Instead, you’ll access our webpage to review the latest case summaries and legal events.  We’re looking at creating an RSS feed option so that every time a new article is posted you’ll receive notice.  Another option is to send out regular reminders that there is new information on the webpage.  We haven’t made that final decision yet.

As you look at the page, you’ll see that it is completely different than what it once was.  Because our primary purpose is to train, we’ve put all our training information in the middle of the page.  This will keep you informed of what training opportunities are coming up as well as making it easier for you to register on-line.

We’re also starting to post links to articles and other sources of information regarding what other prosecutors and law enforcement officials are doing across the country.  Some call them “Best Practices” article but we’ve taken a broader approach.

Our “Members Only” page is still under construction but it will contain links to our Toolbox, Motion Bank and other prosecutor specific information.  Stay tuned for an invitation to join that “elite” group of Members.

I won’t go into all the features and functions of our page but simply invite you to explore it, let us know what you think, how we can make it better, what works, what doesn’t and anything else you’d like to tell us about.

This is just the beginning of new things we want to do so check back frequently.

Bob

May 2014

It’s been a whirlwind these last six weeks as I’ve assumed Mark’s job. I tried to absorb all of Marks wisdom, experience, knowledge and expertise in two short weeks but the reality is, you can’t. I’m just glad that Mark’s only a phone call away. Thankfully Marilyn, Ed, Donna and Ron, as well as the rest of the staff here have been a tremendous help. Thanks to you all! Exciting things are happening, and I wanted to share just a couple with you. Donna Kelly and Det. Justin Boardman of the West Valley Police Department are beginning a year-long, nationally sponsored, study to develop a protocol for interviewing trauma victims. There are currently no protocols available on how to deal with or interview victims of traumatic experiences; sexual assault, violent assault, DV, etc. Because of their work, Utah is receiving national attention. Donna has already been invited to speak at several conferences next year on this study. “Trauma Informed Response” is a new way for officers, prosecutors, judges, juries, victim advocates, etc. to look at the way victims of trauma respond. I’ve sat through a couple of their training sessions and walked away with a whole new insight and perspective on how victims react to trauma and how they relate the events they went through. Donna and Det. Boardman have developed specific training that will truly open your and your officer’s eyes. Please take advantage of their expertise. Other changes I hope you’ll start to see include a revamping of UPC’s website. I want to make it more user friendly – meaning that you can come to our website and find valuable resources to use in your practice. Examples include a “Motion Bank,” a Q&A section, short training videos, “How To” manuals, items for your own personal “Tool Box” and so much more. Please let me know what we can do for you. What kind of training would you like to see? What works and what doesn’t? Do you know someone who would make a great presenter at a future conference? Would you like to be a presenter at a future conference? How can we make the newsletter better? How can we be a better resource? How can we make you a better attorney, prosecutor? If you’ve got ideas, please let us know.

Best,

Bob

June 2014

When you hear the term “Best Practices,” what comes to mind? Whatever comes to mind, the Department of Justice: Bureau of Justice Assistance wants to help shape those thoughts. They are so committed to government attorneys following the best practices possible, DOJ is funding “Best Practices” conferences and committees across the country. Utah has been invited to attend one RECENT CASES of these conferences in September to look at establishing a “Best Practices” committee here in Utah. Mark Thomas, Unitah County Attorney, and Ryan Robinson, Chief Prosecutor for West Valley City, will be attending, and I’m looking forward to the information they bring back to us. Kristine Hamann is a visiting fellow with DOJ and is tasked with implementing this program. She will be our keynote speaker at fall conference. One of the things she has begun to do is to send out regular e-mails containing “Articles of Interest” for government attorneys. The topics vary but contain valuable information on what other attorneys are doing, or not doing, as the case may be. You’ll start seeing those e-mails on occasion in the hopes that you can glean new ideas and ways of doing things as well as learning from the mistakes of others. The intent is clearly to make us better at our jobs.

Best,

Bob

July 2014

Marilyn, Ed and I were in Denver last week for our national prosecutor coordinator and traffic-safety conference. I was looking forward to seeing the effects the legalization of marijuana has had in Colorado. Interesting is probably the least effective adjective I could use. The traffic/safety resource prosecutors were encouraged to visit the recreational marijuana shops, and a convenient address list of all the locations was provided. Talk to Ed for details, but it is stunning the endless ways in which marijuana is packaged and sold for recreational use. In many of the stores, I saw novelty moustaches; moustache stickers, moustache candy, moustache storage containers, you name it. It wasn’t until I walked over and actually took a closer look at the items that I realized that what I was seeing was not, in fact, a moustache, but a “stache” for your weed. The Colorado prosecutors hate the legalization. It has increased their work load, it has made the prosecution of DUI’s more difficult, and they don’t have enough DRE’s trained and on the road. There are issues of who can legally grow and cultivate marijuana, and the list goes on and on. What was stunning to me, though, was that there is movement in their legislature to grant across the board expungements for those with convictions of misdemeanor marijuana charges prior to the date marijuana was legalized. Also, there is talk of wanting to decriminalize certain aspects of driving while having marijuana in your system. They still want to crack down on those driving while under the influence of alcohol but not so much on those with pot in their systems. The Colorado DA’s are just waiting for the first case where someone is killed by someone driving under the influence of marijuana. Even then, they don’t think it will make much of a difference with their legislature. I can’t see the day when marijuana will be legal in Utah, but that’s what my counterpart said just a few years ago.

 Best, Bob