James C. Jenkins

James C. Jenkins

jcj@oh-pc.com

Education

Utah of Utah (B.A., Finance, 1972); Gonzaga University (J.D., 1976)

Professional Experience

Mr. Jenkins has over 40 years of litigation expertise in both trial and appellate practice involving both civil and criminal litigation, and in mediation and arbitration. He is the former Chief Prosecutor of Rich County and Cache county. His practice focuses on civil litigation appeals and mediation, business, banking, real estate matters, family law, and municipal law. Rated “AV” Martindale-Hubbell ®, the highest rating awarded to attorneys for professional competence and ethics. Recognized in Utah Business Magazine’s “Utah Legal Elite”.

Professional Associations and Affiliations

Admitted: U.S. Supreme Court; U.S. Tax Court; U.S. Court of Appeals, 10th Circuit; Utah Supreme Court; U.S. District Court of Utah; U.S. Bankruptcy Court of Utah.

Cache County Bar Association; Utah State Bar Association; Utah Bar Litigation Section, 1996-98; Utah Statewide Association of Public Attorneys (1978-1995); American Bar Association (Litigation Section, Trial Practice Committee, 1986-98.

Professional Offices and Appointments

  • Utah Judicial Performance Evaluation Commission (“JPEC”) December 2019- Present. See #1;
  • Commissioner of Utah Appellate Courts Judicial Nominating Commission, 2013- 2017, See #2
  • Member, National Arbitration Forum, 2005-2013, See #3
  • Past Member, American Bar Association Advisory Panel
  • President, Utah State Bar, See #4; 1998-1999
  • Member, Utah Judicial Council, See #5; 1996-99
  • Judicial Conduct Commission (Chairman 1996-97)
  • Utah Judicial Performance Committee, 1995-1996
  • Commissioner, Utah State Bar, 1993-1999
  • Board Member, Utah Department of Public Safety
  • Crime Laboratory Advisory Board, 1992-1998,
  • Deputy Cache County Attorney, 1981-1995 (Chief Deputy 1989-1995)
  • Rich County Attorney, 1978-1981
  • Chairman, Logan City Board of Adjustment, 1978-1980
  • U.S. Bankruptcy Trustee, 1977-1986
  • Instructor and Guest Lecturer, Utah State University, 1976
  • Captain, U.S. Army, retired

#1 The Utah Judicial Performance Evaluation Commission consists of thirteen members: four members appointed by each of the three branches of government and the executive director of the Utah Commission on Criminal and Juvenile Justice. The Commission’s role is to evaluate the performance of judges standing for retention election and to recommend to voters whether a judge should be retained.

#2 Mr. Jenkins presided over the Utah Judicial Conduct Commission and was previously a member of the Commission. The Judicial Conduct Commission is established by the Utah Constitution as an independent agency to investigate complaints alleging the unethical conduct of judges and to order appropriate sanctions. The Judicial Conduct Commission is separate and independent from the Utah court system. The Commission is comprised of four legislators, two each from the Utah State Senate and House of Representatives, three members of the public, two attorneys and two judges. The Commission does not review a judge’s decisions for correctness; that is left to the Supreme Court and Court of Appeals. The Commission determines whether a judge’s conduct violates the Code of Judicial Conduct. The Commission may reprimand, censure or suspend a judge or remove a judge from office.

#3 Mr. Jenkins has extensive experience providing private mediation, arbitration, and dispute-settlement services.

#4 Mr. Jenkins presided over the unified association of all licensed lawyers in the state of Utah, and previously served as a member of the Board of Commissioners. In 1931 the Utah legislature passed a law designating the Utah State Bar to manage and regulate the legal profession in the state. In 1985 the Utah State Constitution was amended to clarify that regulation of the legal professional was under the judicial branch through the Utah Supreme Court, under which the Bar continued its regulatory and public interest services.

The Utah State Bar is managed by a Board of Commissioners including thirteen voting members, eleven elected lawyers and two non-lawyers appointed by the Court. The Commission also includes non-voting ex officio members: the deans of the University of Utah and Brigham Young University law schools, the Bar’s delegate to the American Bar Association, the Utah American Bar Association members’ delegate to the ABA, the president of the Young Lawyers Division, and representatives from the Women Lawyers of Utah, the Utah Minority Bar Association, the Bar’s representative to the Utah Judicial Council, and the Past President of the Bar.

#5 The Utah Judicial Council is the policy-making body for the Utah judiciary. It has the constitutional authority to adopt uniform rules for the administration of all the courts in the state. The Council also sets standards for judicial performance, court facilities, support services, and judicial and non-judicial staff levels.

The Council consists of fourteen members. The Chief Justice of the Supreme Court chairs the Council. The other members include: a Supreme Court Justice; a judge of the Court of Appeals; five District Court judges; two Juvenile Court judges; three Justice Court judges; a state bar representative; and the State Court Administrator, who serves as secretariat to the Council. The judges serve three-year terms, and the state bar representative also serves three years.

Practice Areas

Dispute Resolution, Mediation, Negotiation, Civil and Complex Litigation, Arbitration, Appeals, Business Transactions and Contracts, Shareholder and Partner Disputes, Financial Disputes, Mergers and Acquisitions, Real Property, Corporations Partnerships and Limited Liability Companies, Family Disputes and Adoptions, Accidents Personal Injury and Torts, Estate Planning and Probate.

Reported Cases

Patterson v. Patterson, 266 P.3rd 828 (Utah 2011); Neff v. Neff, 247 P.3d 380, (Utah 2011); Peterson v. Jackson 253 P.3d 1096, (2011 Utah App.); Gittins v. Smithfield City, 185 P.3rd 1133 (Utah App.2009); Groetken v. Davis (In re Davis), 35 Fed. 826, (2002 U.S.App. 10th Cir.); Callan v. Sports Academy, Inc., 2001 UT App. 184 (Utah App. 2001); Groetken v. Davis (In re Davis), Bankr, 246 B.R. 646, (2000 BAP 10th Cir.); Dairy Product Services, Inc. v. City of Wellsville, 13 P.3d 581 (Utah 2000); Gordon v. CRS Consulting Engineers Inc., 820 P.2d 492 (Utah App. 1991); Hansen v. Stewart, 761 P.2d 14 (Utah 1988); Henderson v. For-Shor Co., 757 P.2d 465 (Utah App.1988); State Farm Mut. Auto. Ins. Co. v. Mastbaum 748 P.2d 1042 (Utah 1987); Johnston v. Stocker, 685 P.2d 539 (Utah 1984); Jepsen v. Tenhoeve, 656 P.2d 427 (Utah 1982); Kohler v. Garden City, 639 P.2d 162 (Utah 1981).

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