02/15/2011 - Formal Meeting - City Council Comment File 11 -
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SALT LAKE CITY COUNCIL DATE: 7/ H 4
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SALT LAKE CITY COUNCIL DATE:
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SALT LAKE CITY COUNCIL DATE: b__�_ o I f
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SALT LAKE CITY COUNCIL DATE: L / i/43'6f/
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SALT LAKE CITY COUNCIL na, DATE: /
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/7. Ai / /2/ 6570
Elbe ZUTRICT OZ1?27
Third Judicial District
20/'' FEB -3 2011
S LA E COUNTY
By
y C pury Clerk
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR SALT LAKE COUNTY,STATE OF UTAH
SALT LAKE CITY CORPORATION, • DECORUM ORDER
Petitioner, •
vs. •
All taxpayers,property owners,and CASE NO.110901081
citizens of Salt Lake City,Utah,
including nonresidents owning •
property or subject to taxation therein,
all other persons having or claiming DATE:FEBRUARY 3,2011
any right,title,or interest in any
property or funds affected by or to be .
affected by the general obligation
bonds,of Salt Lake City,to be issued .
for a multipurpose regional sports,
recreation and education complex,
and Mark Shurtleff,in his official
capacity as the Attorney General of .
the State of Utah,
Defendants.
The Court has scheduled a hearing on February 9,2011 commencing at 9:30
a.m.for the purpose of hearing the Petition along with the testimony of any defendants
wishing to contest the Petition filed by Salt Lake City Corporation("the City"). The City's
Petition requests that the Court determine tha (1)the validity of the November 4,2003
1
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bond election held by Salt Lake City Corporation ("the City") may not be contested in an
action brought after December 23, 2003; (2) Utah Code sections 11-14-201 (2007) and
11-14-318 (Supp. 2010) do not apply to the Bond Election; (3) the March 2, 2010 public
hearing and related notices are valid under Utah Code section 11-14-318; (4) the Notice
of Bonds to be Issued and the Parameters Resolution are valid under Utah Code
section 11-14-316; (5) the contest period under Utah Code section 11-14-316 expired
on March 15, 2010 and no action brought after that date may contest the issuance of
the Bonds; 6)the statements in the Voter Information Pamphlet issued in connection
with the Bond. Election are not legally binding on the City(7) when the Final Bond
Resolution is duly adopted, it will be a legal, valid, and binding obligation of the City,
11 and enforceable in accordance with its terms; (8) the Bonds to be issued for a multi-
purpose regional sports, recreation and education complex will be valid and binding
When sold pursuant to the Final Bond Resolution; and (9) the City's proposed
expenditure of the Bond proceeds falls within the bounds of the City's discretion in light
of the purpose stated in the Proposition 5 ballot language. Any defendants wishing to
contest the Petition are required to appear to show cause why the prayers of the
Petition should not be granted.
The purposes of this Order are (a) to ensure that the scheduled hearing
proceeds in an orderly manner; (b) to provide a mechanism for the defendants to be
heard; ( c) to protect the proceedings from unnecessary commotion or confusion; and
(d) to facilitate appropriate media coverage and public observation.
IT IS THEREFORE ORDERED that the following rules and guidelines for the
Conduct of the hearing shall be adhered to by all who attend. If regulation of any matter
2
discussed herein appears to the Court to be unnecessary or to require modification,the
Court may rescind or modify that portion of the Decorum Order.
COURTROOM SEATING
There are a finite number of seats in the gallery,ten seats in the jury box,and
several chairs at,and immediately behind,each of the two counsel tables in courtroom
S-34,where the hearing will be held. The protocol for seating is as follows:
1. The Court will distribute courtroom passes to assure that the individuals
described below are able to attend the hearing.
2. Counsel for the City and the Attorney General of the State of Utah or his
designee may sit at counsel tables inside the bar railing. Other attorneys
may sit on the benches and chairs directly inside the bar railing and
directly behind the counsel tables.
3. A total of ten media passes will be issued for seating in the jury box,one
of which will be reserved for a pool still photographer. No more than one
media pass will be issued to any single media organization for seating in
the jury box,except for the media organization supplying the designated
pool photographer. The media passes will be available for pick-up in the
Administrative Office of the Courts in the Scott M.Matheson Courthouse,
N-31,between 1:00 p.m.and 5:00 p.m.on February 8,2011,or from the
Court's Public Information Officer outside Courtroom S-34 commencing at
8:30 a.m.on the morning of the hearing.
4. Passes will be made available to defendants and other members of the
public on a first come,first served basis. These passes can be obtained
3
from the Court's Public Information Officer or other court personnel,who
will be stationed at a table outside the courtroom commencing at 8:30
a.m.on February 9,2011. Defendants seeking to testify must sign in,
providing their names and addresses and identifying the basis of their
standing:taxpayers;property owners;and citizens of the City including
nonresidents owning property,or subject to taxation therein;and all other
persons having or claiming any right,title,or interest in any property or
funds affected by or to be affected by the Bonds. Each person issued a
pass will be provided a pre-set time slot for access to the courtroom. If
circumstances warrant it,the Court may continue the hearing to additional
dates,but all passes must be obtained on the morning of February 9,
2011.
lit 5. Defendants and observers who have been issued courtroom passes may
begin entering the courtroom no earlier than 9:10 a.m.,and must be in the
courtroom and seated five minutes before the time set for the beginning of
the segment of the hearing in which they will testify.
6. Once the hearing begins,no one,except Court personnel,counsel,or
representatives of the media,will be allowed to enter or leave the
courtroom except during recesses or in case of emergency.
COURT PROCEEDINGS
Although the Court has endeavored to provide adequate time for hearing the
Petition and taking the testimony of defendants wishing to contest it,the Court calendar
requires it to limit this hearing. To maximize the opportunity for hearing from any
•
Defendant who contests the Petition, the Court adopts the following procedures to
govern the proceedings:
1. The City will be allowed 20 minutes to present its Petition.
2. The Attorney General will be allowed 10 minutes to contest the Petition or
to seek the Court's approval to be dismissed as a defendant.
3. Commencing at 10:00 a.m., the Court will hear from any defendant who
contests the Petition. Each defendant will be allowed a three minute
period in which to address the Court as to matters relevant to its
determination of the Petition.
4. The hearing will be conducted in segments of approximately 55 minute
intervals, with hourly brief recesses to permit people to leave and enter
the courtroom, and a longer lunch recess. At the beginning of each
segment, those who intend to testify will be sworn in.
5. Quiet and order among those observing the proceedings shall be
maintained at all times. Audible comments of any kind by any spectator
during the hearing, or any provocative or uncivil behavior within the
courtroom will not be tolerated.
6. Only Court personnel, counsel, and credentialed media representatives
are permitted inside the bar railing except when designated defendants
are invited to the lectern.
7. No children under age 10 will be allowed in the courtroom. Supervisors of
children whose ages might be incompatible with prolonged silence and
restricted movements should consider the possible length of the hearing
5
and make appropriate arrangements.
8. Any electronic devices with wireless transmission capability,such as •
cellular telephones,handheld PCs,PDAs,or similar devices,shall be
turned off before entering the courtroom and shall not be used during the
hearing. Failure to comply with this order may result in confiscation of the
device and exclusion from the courtroom for the duration of the hearing.
9. The use of electronic devices to record or to broadcast the Court
proceedings is forbidden. No person seated in the courtroom,including
media representatives,will be permitted to engage in such recording or
broadcasting. Failure to comply with this order may result in confiscation
of the device,exclusion from the courtroom for the duration of the hearing, •
and a charge of contempt of court.
10. The proceedings in this case must in no way disrupt operations at the
Scott M.Matheson Courthouse. Large gatherings cannot be
accommodated in the courthouse.
Any violation of the foregoing,or any other conduct that the Court finds disruptive
to the proceedings,will result in an order of temporary or permanent exclusion of the
offender or offenders from the proceedings.
GUIDELINES FOR THE MEDIA DURING THE PROCEEDINGS
1. A copy of Rule 4-401 of the Code of Judicial Administration,which
govems the conduct of the media in reporting court proceedings,is
attached to this order. The Court expects that Rule 4-401 will be followed.
2. The Public Information Officer will be the primary contact for media
6
•
representatives and for courtroom passes. All complaints,concerns,
challenges,and questions from media representatives should be
registered with the Public Information Officer. The Court's Judicial
Assistants,Case Manager,and Law Clerk will direct inquiries and
requests from media representatives to the Public Information Officer.
3. With the sole exception of one pool photographer,no photography will be
allowed in the courtroom. No flash photography is permitted.
4. All media interviews shall be conducted outside the courtroom.
5. Each media representative is expected to read and comply with this order.
Any person violating these guidelines will be subject to the discipline of the
Court.
Dated this 3 day of Et. .r ,2011.
KATE A. .e pF`.,i:+'�Ipt
• DISTRICV C a 1)00
Sit
7
Page I of 2
Rule 4-401. Media in the courtroom.
Intent:
To establish uniform standards and procedures for conduct and the use of photographic
equipment in the courts of the state.
To permit access to the courtroom by the news media while preserving the participants'
rights to privacy and a fair proceeding.
Applicability:
This rule applies to the courts of record and not of record.
This rule governs photography and conduct during sessions of court and recesses between
sessions.
This rule shall not diminish the authority conferred by statute, rule or common law of the
judge to control the conduct of proceedings in the courtroom.
As used in this rule, the term "courtroom" includes the courtroom and areas immediately
adjacent to the courtroom.
Statement of the Rule:
(1)(A) Filming, video recording, and audio recording in a trial courtroom are prohibited
except to preserve the official record of proceedings. With the permission of the judge
presiding at the proceeding, an audio or video signal of proceedings may be transmitted and
copied.
(1)(B) Filming, video recording, and audio recording in an appellate courtroom are
permitted to preserve the official record of proceedings and as permitted by procedures of
those courts. With the permission of the judge presiding at the proceeding, an audio or video
signal of proceedings may be transmitted and copied.
(2) Still photography, filming and audio and video recording in the courtroom for ceremonial
or court approved public information programs are permitted when arranged through the
presiding judge of the court.
•
(3) No one may photograph a juror or prospective juror before the person is dismissed.
(4) Still photography in a courtroom is prohibited, but it may be permitted in the discretion of
the judge presiding at the proceeding. Except on such terms as the judge presiding at the
proceeding may prescribe, no one may photograph in the courtroom an exhibit or a document
that is not part of the official public record or the face of a person known to the photographer to
be a minor. A request to photograph in a courtroom shall be filed with the judge presiding at
the proceeding at least 24 hours prior to the proceeding. A judge may permit photography with
less than 24 hours notice upon a showing of good cause. In determining whether to permit still
photography and, if so, how to regulate it, the judge presiding at the proceeding should
consider whether:
(4)(A) photography can be accommodated without distracting the participants;
http://www.utcourts.gov/resources/rules/ucja/ch04/4-401.htm 2/3/2011
Page 2 of 2
(4)(B) there is a substantial likelihood photography would jeopardize the right to a fair
proceeding;or
(4)(C) the privacy interests of the victim of a crime, a party in a civil case or a witness
outweigh the interest of the public in access to a photograph of the person.
(5)Conduct in the courtroom.
(5)(A)The judge presiding at the proceeding may position reporters and equipment in the
courtroom to permit reasonable news coverage. Media representatives must share a single
photographer.
(5)(B) Photographers shall not use flash or strobe lights. Media representatives shall use
normally available courtroom equipment unless the presiding judge and the judge presiding at
the proceeding approve modifications, which shall be installed and maintained without public
expense.
(5)(C) Proceedings in the courtroom shall not be disrupted. Members of the media in the
courtroom shall:
(5)(C)(i)avoid calling attention to themselves;
(5)(C)(ii) not place equipment in or remove equipment from the courtroom while court is in
session;
(5)(C)(iii)not make comments in the courtroom during the court proceedings;
(5)(C)(iv) not comment to or within the hearing of the jury or any member thereof at any
time before the jury is dismissed;
(5)(C)(v)present a neat appearance in keeping with the dignity of the proceedings;
(5)(C)(vi)not conduct interviews in the courtroom until the proceeding is concluded and the
court is recessed;
(5)(c)(vii)not use a camera or tape recorder to conduct interviews in the courtroom;and
(5)(C)(viii)comply with the orders and directives of the court.
(6) In addition to contempt and any other sanctions allowed by law, the court may remove
anyone violating these rules from the courtroom and revoke the privileges contained in this
rule.
http://www.utcourts.gov/resources/rules/ucja/ch04/4-401.htm 2/3/2011
• CERTIFICATE OF NOTIFICATION
I certify that a copy of the attached document was sent to the
following people for case 110901081 by the method and on the date
specified.
0
MAIL: EDWIN P RUTAN II 451 S STATE ST STE 505 SALT LAKE CITY, UT
84111
MAIL: MARK L SHURTLEFF, POB 142320 SALT LAKE C TY UT 84114-2320
2
Date: ; Lb , '11L t
Deputy Court Clerk
•
Page 1 (last)
FILED DISTRICT COURT
Third Judicial District
FEB - 8 2011
c SALT LAKE COUNTY
By
Deputy Clerk
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
SALT LAKE CITY CORPORATION, : AMENDED DECORUM ORDER
Petitioner,
vs.
All taxpayers, property owners, and : CASE NO. 110901081
citizens of Salt Lake City, Utah,
including nonresidents owning
property or subject to taxation therein,
all other persons having or claiming : DATE: FEBRUARY 8, 2011
any right, title, or interest in any
property or funds affected by or to be :
affected by the general obligation
bonds, of Salt Lake City, to be issued :
for a multipurpose regional sports,
recreation and education complex, :
and Mark Shurtleff, in his official
capacity as the Attorney General of :
the State of Utah,
•
Defendants.
This Amended Decorum Order shall supplement the Decorum Order entered
February 3, 2011. Since that order was entered, the Court has received a Motion for
Order for Mailing of Notice and/or Publication of Notice in Salt Lake Tribune and
Deseret News, and the Court will hear that motion at the beginning of the hearing
1
scheduled on February 9, 2011 commencing at 9:30 a.m., and will determine whether
the hearing on the Petition can proceed on that date as scheduled.
In addition, on February 4, the Court received a Motion to Dismiss Attorney
General as a Defendant, along with a memorandum in support thereof..
Finally, yesterday afternoon, the Petitioner filed an Amended Petition to
Establish Validity of Bonds, which may affect the scope of the Petition hearing. The
Court will address this issue before commencing any hearing on the Petition.
Because of the foregoing, in the event that the Court proceeds with hearing the
Petition, some adjustments are warranted in the time frames established in the initial
Decorum Order. Accordingly, the Court has determined that it will address the motion
and other matters for a period not to exceed one hour, and that if the hearing on the
Petition goes forward, the City will be allowed 20 minutes to present its Petition, the
Attorney General will be allowed 10 minutes to seek the Court's approval to be
dismissed as a defendant, and commencing at 11:00 a.m., the Court will hear from any
defendant who contests the Petition. All other provisions of the initial Decorum Order
shall remain in full force and effect.
Dated this 8 day of Y , 2011.
KATE A. TOOMEY
DISTRICT,,.Co1RT.JUDGE
"'rsTt. •,K�F
2
Case No: 090904252 Date: Jan 06, 2011
CERTIFICATE OF NOTIFICATION
I certify that a copy of the attached document was sent to the
following people for case 110901081 by the method and on the date
specified.
FAX: PERRI A BABALIS (801)366-0378
FAX: DAVID M BERNSTEIN (801)569-5149
FAX: IVAN W LEPENDU (801)534-1948
FAX: KARTHIK NADESAN (801)534-1948
FAX: BRYCE H PETTEY (801)366-0378
FAX: EDWIN P RUTAN II (801)535-7640
FAX: MARK_ L SHURTLEFF (801)538-1121
Date: i-1 t - (U) KI
Deputy Court Clerk
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