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Win for Utah Families

An innocuous looking Senate bill, SB-99-Child Welfare Amendments, contained hidden language. The Department of Child and Family Services (DCFS) and Utah Attorney General’s Office added five lines to SB-99.

This language allowed the current practice of “withholding information from a petitioning parent to protect the privacy interest of the other parent or any caregiver who may also be a subject of their child’s records.”

Attorney Jane Tippets

Thanks to Jane’s eagle eyed husband Crossroads Urban Center advocate/associate director advocate, noticing the bill’s changes to the DCFS GRAMA statute. Attorney Greg Ferbrache wrote a letter testifying against the language in SB-99. After significant controversy, SB-99 was sent to the Utah House. It took three substitution and amendment, removing the problematic language.

The pro transparency/pro family bill version of SB-99 passed the House unanimously and unopposed! An impressive feat. This is a victory for the survivors of domestic abuse. Greg was proud to submit his testimony to the Stop of Fix SB-99 movement, resulting in DCFS having accountability to parents, especially low income parents so heavily impacted by these provisions.

Ferbrache Law is proud to serve it’s clients working to lobby for responsible laws and public policy. Helping Utah families, parents and individuals is a rewarding pursuit for Greg. A special thanks to the volunteers of the Conference Committee who worked very hard to get SB-99 fixed:

Sponsor Senator Harper wharper@le.utah.gov 801-566-5466

Senator Todd Weiler  tweiler@le.utah.gov 801-599-9823

Senator Luz Escamilla  lescamilla@le.utah.gov

Representative Paul Ray pray@le.utah.gov 801-550-6434

Representative Ashlee Matthews amatthews@le.utah.gov 801-725-2719

Representative Casey Snider cnider@le.utah.gov 435-890-3383

Feel free to call them and thank them for their work on this. It made a difference. If you’d like to know more about SB-99 Check out these useful documents:

SB 99 Concerns Fact Sheet Legal AnalysisDownload
SB 99 Concerns SummaryDownload
The word “Only” in SB 99Download
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Utah SB 99 Proposed Revision

SB 99 Letter to House CommitteeDownload

I submitted this testimony to help not only my clients but all families facing challenges with DCFS. Ensuring Utah’s laws serve it’s citizens. Representing my clients isn’t limited to the courtroom. It extends to the legislature and how laws are made.

“During my past three years in private practice, I have experienced the importance of transparency and access to government records and have seen the harm caused when essential records are not fully produced in a timely manner.”

Greeting to Committee Chair Representative Nelson, House Health & Human Services Committee Members, SB99 Sponsor Paul Ray, SB99 Senate Sponsor Wayne Harper, and my District Representatives and Senators:

I am requesting this House Health and Human Services Committee remove from SB 99 its proposed revisions to §62A-4a-412, the statute DCFS turns to when making disclosures in response to GRAMA requests.

I am corresponding to each of you as a prior prosecutor with the Salt Lake County District Attorney’s Office, a prior prosecutor and Division Director of the Justice Division within the Utah Attorney General’s Office and currently a private attorney. As of 2018, my practice involves advocating for victims and defending those charged within the criminal justice system. I reside in House District 28 and Senate District 4, and my firm is located in House District 25 and Senate District 3.

During my past three years in private practice, I have experienced the importance of transparency and access to government records and have seen the harm caused when essential records are not fully produced in a timely manner.  In particular to DCFS, access to DCFS records is essential to properly advocate for victims, defend against false accusations, to protect the child, to better understand the allegation and/or to ensure the decisions made by a DCFS worker is sound and based in fact, and that it adheres to policy and best practice. 

Under the current version of §412(3)(b), DCFS has almost no discretion to withhold/redact information when providing a record to a parent as it is “only” permitted to withhold/redact the specific information referred to in the statute.  On the other hand, SB 99 lines 522-23 and 527 remove the word “only” as well as the language establishing that §412(3)(b) preempts GRAMA.  These seemingly minor changes would give DCFS broad discretion to withhold information, such as its communications with the other parent and other parties, that it currently has no option but to disclose under existing law.  

In addition to further restricting access to some records, the changes would make the process for obtaining DCFS records much more arduous and expensive.  Broadening DCFS’s discretion in determining what to withhold from and what to provide to a parent would inevitably lead to more appeals and delay in disclosure of important records through the lengthy appeal process.   I do not see a fiscal note on the Bill and I am concerned that with the volume of cases there would be a substantial fiscal impact not currently recognized in the fiscal note.

Part of my concern with SB 99 is that by making the process to obtain records more arduous and expensive it would be also be restricting the right of access in the same way charging parents for their records would.  SB 99 would also disparately impact those families with limited time and money and especially disadvantage those dealing with financial and other types of abuse in the context of litigation. 

It is with great respect to the legislative process that I inform you of my concern with SB99.  I have reviewed the Senate committee testimony relating to SB99. I have conferred with informed colleagues. The consensus is that there is a disagreement with DCFS as to the application of the referred to revisions in SB99.

It is for this reason that I respectfully ask this Committee remove them.  These lines are not material to the overall policy of the Bill. If passed, and the above unintended consequence be true, the overall negative impact and unintended harm to the families will never be restored. Let’s agree to get it right before enactment rather than fix it after passage. 

Thank you for your time.  

Be well, 

Gregory Ferbrache

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Help! I’ve Been Arrested During Covid-19

Yes, hiring a criminal attorney has never been more important than during the Covid-19 pandemic.  In fact, we as a nation are experiencing a constitutional crisis and if you do not have an attorney fighting for you and your rights, you are not ensuring your best outcome.

The Constitutional Crisis in criminal matters are that you are unable to assert your innocence by jury trial in a timely manner.  In fact, the Covid-19 pandemic has completely shut down the jury trial system.  Once a jury assembly is again allowed, there will be such a back log of cases that if you are not currently in jail, you may have to wait over a year before you get to assert your innocence. 

If you are in jail or if your freedoms are being curtailed awaiting trial, you need someone fighting for you now. You need an attorney who can ensure your constitutional rights are asserted and protected during the Covid-19 pandemic, to include fighting for a fair bail and/or equitable options for release.

Equally important are utilizing this state of limbo by taking advantage of the delay caused by the pandemic and illuminating important pieces of evidence possessed by the government or sought through your own investigation, and bringing those pieces of evidence to the prosecutor’s attention.   

Otherwise, the undesired effect are that your case is essentially in a state of limbo to languish while you live with the stigma of being charged and the stress of not knowing what will happen to you.  The result are that you become desperate to have the matter resolved rather than assert your constitutional right to present your matter in the presence of a jury.  Worse yet, perhaps you remain in jail awaiting a trial that is not even scheduled yet, and your only hope of release are by pleading to a plea offer that does not properly reflect your conduct or that is not commensurate with who you are as a person. Perhaps the charges overstate the seriousness of the alleged conduct, ignore an obvious justification like self-defense, or you are the victim of political retribution and/or obvious discrimination and you know a jury trial would make light of the injustice but you will loose your job if you don’t quickly resolve your criminal case, you will be passed over for a promotion, or there is an order of protection that prohibits your ability to be with your family or your loved ones because you have criminal charges against you. Without the hope of a jury trial, you become desperate and accept an unfair or inequitable plea offer. 

Most prosecutors have a heavy case load which is now becoming even more overwhelming as the cases pile up. Having an experienced, zealous criminal defense attorney take the time to prepare and to present your case to the prosecutor in a meaningful way outside of court is critical.  Your attorney emphasizing your innocence by advocating on your behalf and/or mitigating the conduct for which you have been accused is essential to resolving the matter more effectively and efficiently than awaiting a trial that may take a year or more to occur.

Even during this most unusual time during a global pandemic, your constitutional rights remain the foundation of our great justice system.  Don’t submit to the crisis. Rather, take advantage of the crisis by hiring an attorney who has the experience and expertise to advocate on your behalf and who understands how to do so while we each safely navigate this worldwide pandemic.  Ferbrache Law has that experience, and offers a free consultation.

Be safe.    

Be well, 

Gregory Ferbrache

Ferbrache Law

Ferbrachelaw.com

(801)440-7476

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$10 Million Lawsuit Against The Waterford School for Failure to Protect Female Student With Disabilities Raped by Male Classmate

Febrache Law with Sanford Heisler Sharp LLP, filed a lawsuit for Tabitha Bell against The Waterford School. Tabitha was subjected to bullying, shunning by other students, consistent mistreatment by faculty and ignoring a traumatic rape by a male classmate. The male a student, a member of the lacrosse team has a known history of sexual harassment and physical violence.

Tabitha has the rare Charcot Marie Tooth (CMT) form of Muscular Dystrophy. Her balance is affected, limiting her mobility and general physical functioning. Ms. Bell is an exceptional student, graduating from the $25,000 a year Waterford School to attend University of California Berkeley. The trauma of her five years at Waterford she’s suffered haunts her.

“Although the school promised this young girl and her family its campus would be a haven where she could safely learn while receiving appropriate support and resources, Tabitha’s five-year tenure there was consistently traumatic and damaging, Waterford’s conduct can never be reversed and the detrimental effects it has had on Tabitha will likely impact her adversely for the rest of her life,”

Deborah K. Marcuse with Sanford Heisler Sharp’s Baltimore office.

In December 2015, Tabitha was knocked to the floor by a visibly drunk student at the school’s winter dance at which security staff was promised but not provided. As a result of the school’s lack of adequate supervision, Tabitha suffered a concussion, developed complications resulting in eight days of hospitalization. After the dance Tabitha was bullied mercilessly by peers, causing damaging social isolation. In one egregious instance, two boys simulated Tabitha’s rape on stage in front of the entire school. Rather than adequately punish the boys, the school singled them out for an end-of-year award and inducted them into the Cum Laude Honor Society, the school’s highest honor. Although her family made efforts to communicate their concerns to Waterford, the school took no action to address or stop other students’ harmful ostracizing behaviors targeting Tabitha.   

According to the complaint, these examples are not isolated incidents: throughout her time as a student, Waterford was unwilling to take the precautions necessary to ensure her safety and ensure that she had full access to school events and activities. In one of the most appalling examples of the school’s indifference to her disability, Tabitha had to rely on other students to carry her up and down the stage stairs at the school’s choir performances. The choir director regularly refused to allow her to use the handicap accessible entrance or use her support dog on stage because it “ruined the look” of the choir.

In November 2017, Tabitha was subjected to even more egregious and physically and emotionally damaging behavior when a male lacrosse player at Waterford, one of her few friends raped her at her home. When she told her parents about the sexual assault, they called the police and Tabitha cooperated in a police investigation.  She and her parents subsequently learned the rapist had a history of aggressive, sexually inappropriate behavior – including previously threatening another female student at Waterford with sexual violence. The school was aware of the student’s violent past, but did nothing to warn Tabitha or her parents.

When her parents informed Waterford about Tabitha’s rape, Waterford did nothing to safeguard Tabitha from her rapist, requiring her parents to secure a protective order to prevent the rapist from contacting her on campus.  In the wake of Tabitha’s report of the rape, students and faculty at the school escalated their bullying and school administrators directed other students not to speak to her and allowed her rapist, who had already graduated, access to the school campus despite the protective order.

“Because Waterford does not accept federal funds, which would subject it to the requirements of Title IX and the Americans With Disabilities Act, it seems to believe it can shirk its responsibilities to its students. However, under Utah state law, common law and the school’s own policies, Waterford must be held accountable for protecting its students. The school completely ignored these responsibilities.”

Christine Dunn, senior litigation counsel Sanford Heisler Sharp LLP

The complaint alleges Waterford is liable for negligence and breach of its duty of care; premises liability; negligent supervision of its faculty and students; invasion of Tabitha’s privacy by making a public disclosure of the facts of Tabitha’s rape to her entire senior class and much of the faculty; negligent infliction of emotional distress; fraud; violation of the Utah Consumer Sales Practices Act and negligent misrepresentation of the school’s ability to safeguard Tabitha’s physical, emotional, and social health and wellbeing. 

“The Bells incurred some $125,000 in tuition costs alone so their daughter could receive a high-quality secondary education. Instead, Tabitha was subjected to years of constant emotional and physical stress and unimaginable trauma.”

Greg Ferbrache

The suit seeks $10 Million in compensatory, as well as punitive damages, along with legal costs and other relief the court may deem just and proper.  A jury trial is requested.

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Extreme Stalker Terrorizes Utah Family

               The Gilmore family in a quiet suburb in North Salt Lake City became prisoners in their own homes. It began in August 2018, a tow truck driver arrived to tow Walt Gilmore’s car out of the driveway. From 2018 until August 2019, over 500 unwanted service providers, came to the Gilmore’s house, summoned by an extreme cyber stalker in Hawaii.

               Attorney Greg Ferbrache successfully sought a Permanent Stalking Injunction to protect the Gilmore Family. “The practical benefit of the Order is that you can seek state criminal charges for a violation, or it can provide a basis for federal charges.” After seven months of tormenting the Gilmore family, their neighbors and costing service workers an estimated $20,000 in lost fees an arrest was made.

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Protective Orders & Stalking Injunctions Wins

In the two high profile matters below, Ferbrache Law successfully obtained the outcome asked of their client.

The first was successfully obtaining a civil stalking injunction on behalf of a family being stalked over the internet.  After Ferbrache Law obtained the permanent stalking injunction, the family was able to seek criminal prosecution. 

The second case resulted in a successful permanent protective order on behalf of his client that included Ferbrache Law litigating the matter all the way through to the Utah Court of Appeals, where he prevailed on his client’s behalf.  

Whether you are seeking protection, or have been falsely accused, Ferbrache Law has successfully advocated for their client in matters involving domestic violence, physical abuse, abuse of a child, or stalking. 

If you are seeking a Civil Order for protection, or need to defend yourself against a Civil Order for protection, Ferbrache Law has the experience you seek.  Many Civil Orders are time sensitive and have both filing and response deadlines.  Any delay could severely hinder your ability. Please feel free to call for a free 30 minute consultation.  
Gregory Ferbrache

Ferbrache Law

Ferbrachelaw.com

(801)440-7476

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Sentence Reduction In High Profile Oxycodone Case

After successful plea bargain negotiations Adam Patrick Hemmelgarn, 38 of Hooper was sentenced to 128 months of prison followed by three years’ probation. Prosecutors agreed to drop three other charges. Mr. Hemmelgarn will pay $15,100 in funeral expenses for the man who died after ingesting fentanyl-laced fake Oxycodone sold by Mr. Hemmelgarn.

The national media widely reported this and a related oxycodone case after the death of Jaydon Rogers on March 14, 2018. A Weber County Sheriff found Rogers unresponsive in his West Haven home on March 12, 2018, noticing a pill on the floor leading to an overdose investigation. Over the next few months Weber County Detectives and federal agents traced the fentanyl laced pills back to Mr. Hemmelgarn.

Rogers had been a wrestling coach at Freemont High School after college. He was a state wrestling champion in 2014 and won All-American honors at junior college.

Greg Ferbrache with co-council negotiated a plea deal for Mr. Hemmelgarn. Cases with intense media scrutiny, like this case can create pressure on prosecutors to seek harsh sentences. Opioid addiction and overdose is a national epidemic, garnering greater attention to individuals prosecuted for opioid offenses.
If you or someone you know is struggling with drug addiction please call: 801-583-2500. The University of Utah offers a program for drug addiction treatment. 

Greg Ferbrache is an experienced defense attorney and former prosecutor. Call him: (801) 440-7476 to ensure your right’s are protected. 

To find out more about this case: “Utah man who sold fake oxycodone that led to a death headed to prison” Desert News article published 9/19/2019

“Utah man who sold fake oxycodone that led to a death headed to prison” KSL.com published 9/19/2019

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Combat Military Veteran Vindicated of all Criminal Charges

A two time combat veteran was arrested after being forced to leave a Mia Love rally. He fought and won.


“An injustice anywhere is a threat to justice everywhere”


– Martin Luther King, Jr.

Joshua Cameron, a two time U.S. Army war campaign combat veteran, was vindicated after being charged with criminal trespassing and disorderly conduct at a political rally for Mia Love, held at Thanksgiving Point. At the Mia Love rally, he was first prohibited from carrying the American Flag and when he sought to have his voice heard while at the Rally, Thanksgiving Point security immediately escorted Mr. Cameron out of the building. Although he complied with each of their demands, Mr. Cameron believes his own congressional representative at the time, Mia Love, had him thrown out and asked that the Lehi City Police Department cite him for criminal trespassing and disorderly conduct.

Knowing the importance of the matter, he hired Ferbrache Law to ensure his best outcome and to secure his constitutional rights at all costs. Zealously advocating for his client, Greg Ferbrache obtained a dismissal on the morning of trial from Lehi City. Mr. Cameron was exonerated.

The cost of Mia Love using the government to impose her will of suppressing one man’s voice because she may have disagreed with his opinion was to expend tax money in the form of law enforcement and prosecution. The cost to Mr. Cameron, who had earned his right to speak as an American, voter, and combat veteran, and was doing so at a political rally within the district he was to vote, were legal fees and the stigma of being treated as a criminal.

Mr. Cameron would like to go on record with the following statement:

“When I was escorted out of a political rally, where my Lt Governor, State Attorney General, Auditor, U.S. Senator and Federal Representative were, they thought they had seen the last of me. They thought they could bulldoze over my rights, which I had fought for in multiple war zones. We live in a time where our government throw babies in cages. Mia Love and the other elected officials may not want to hear the truth, especially during an election, but she shouldn’t be able to hide from the truth by using the government as a tool to suppress the truth. Since I spoke out at the Mia Love Rally on the evening of August 24, 2018, multiple children have died while in immigration custody. Poor people with no money and no power are being locked up on our southern border. The system tried to threaten me with six months in jail, and a criminal record. Because I stood up and had the money to hire a lawyer who would fight for my constitutional rights, the charges were rightfully dismissed. Without financial means, I too could be detained much like those on our Southern border if I had not challenged the system. To allow these people to be detained, thrown in dog kennels and treated with indignity and injustice, allows our very citizens to be treated the same way. To stand up for these people is to stand up for ourselves.”


Joshua Cameron

Despite Mr. Cameron’s constitutional rights disregarded by his own elected delegates that evening, Mr. Cameron will again look toward having his voice heard. He encourages you to do the same.

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When The Victim Is Charged

Victims charged with Domestic Violence Offense

Too often, victims of domestic violence are mistakenly arrested and criminally charged for protecting themselves from the violence committed against them by the perpetrator who has long been the abuser in a relationship. Unfortunately, these victims feel trapped in the abusive relationship are now more restrained within the criminal system. Rather than fight, many choose to accept a plea deal, and not allow the truth to prevail.


In Utah, even accepting a plea in abeyance to a domestic violence offense can have significant ramifications. A plea in abeyance, although not a conviction, requires you to pay a fine, to be supervised by either the court or probation, to undergo domestic violence treatment, and to risk a conviction if you are unable to complete the ordered terms. Also, a plea in abeyance to domestic violence is enhanceable, meaning that if you are accused of committing domestic violence in the next five years, the government can increase the penalty by one degree, which is significant.


Simply put, the abuser can use protections meant for victims as a sword against the victim and not as a shield as it was intended.


More importantly, the abuser can use the allegation against the victim in many ways. Knowing that a violation of the agreement will result in conviction, the abuser gains even more power and control over the victim. The abuser can also use the allegation to bolster a Department of Child and Family Services (DCFS) action, gaining the upper hand for custody in a divorce proceeding, and to obtain a protective order against the victim. Simply put, the abuser can now use the protections that were meant for victims as a sword against the victim and not as a shield as it was intended.


All hope is not lost. Having a defense attorney experienced in the dynamics of domestic violence will provide you the ability to tell your side of the story. Greg Ferbrache has over 14 years as a prosecutor working with victims of domestic violence and other serious victim crimes, and has been recognized for his work in the domestic violence field. As a criminal defense attorney, Greg has successfully obtained justice for victims who have been mistakenly charged. If you have been falsely accused of a crime you did not commit, give Ferbrache Law a call
(801) 440-7476.

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College student will be among first to test new law’s impact on sex assault cases

by Cristina Flores Wednesday, April 3rd 2019 KUTV NEWS Channel 2 Salt Lake City

SALT LAKE CITY (KUTV) — Tabitha Bell, 18, now a college student in California, will come back to Utah to take advantage of a new law that gives victims of sexual assault a second chance to take their alleged perpetrators to trial.

House Bill 281 — Prosecution Review Amendments — which goes into effect on May 13, will give the Utah Attorney General’s Office authority to give a second look to first-degree felony cases that were vetted by police, but got no action from local prosecutors and never made it to trial.

Bell said she relived the pain of her assault in police interviews and in interviews with prosecutors. She then lived through more pain when prosecutors declined to take her case to trial — even though police felt it had merit.

“If you are going to put yourself through all that emotional trauma, you should have something come of it,” she said.

Paul Cassell, a law professor at the University of Utah and a former judge, said sexual assault cases will be most impacted by the new law.

Utah, he said, has a low rate of prosecution for sexual assault cases. He’s not sure why.

“I think part of it is prosecutors are just demanding a very high level of evidence to move forward. Higher than in other parts of the country,” he said.

Dr. Julie Valentine, a professor at Brigham young University and a forensic nurse who has been a leader in advocating for Utah sex assault victims and for more prosecutions, said her research found that in Salt Lake County alone, only 6% of sexual assault cases make it to trial.

Of those cases, only 6% lead to convictions.

That’s likely because prosecutors only take on the cases where they feel very confident they’ll get a conviction.

Valentine said sexual assault cases are challenging because, often, there are no witnesses and, often, the defense attorneys attack the victims during trial.

“We are not trying to imply they are easy cases, we are saying we need more prosecutions of these cases,” Valentine said.


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