Standards of Professional Conduct and Jurisdiction.
An attorney who is or has been a member of the court’s bar or admitted pro hac
vice is subject to the Local Rules of Practice, the Utah Rules of Professional
Conduct, and the court’s disciplinary jurisdiction.
Initiation of a Disciplinary Action.
A disciplinary action may be initiated against an attorney who has been:
(1) disciplined by the Utah State Bar, the Tenth Circuit Court of Appeals, or a
court or bar association of another jurisdiction;
(2) the subject of an attorney misconduct complaint that is signed under
penalty of perjury (a court-provided complaint form is preferred but not
required);
(3) convicted of a crime, including—
(A) a felony; or
(B) a misdemeanor that reflects adversely on the attorney’s character
and fitness; or
(4) referred for discipline by a judicial officer of the court.
Notice of Discipline or Conviction.
An attorney who has been disciplined by another court or bar association or
convicted of a crime other than a minor traffic offense must immediately notify,
in writing, the Clerk of Court. The notice must include a copy of the discipline
order or conviction. The Clerk of Court may also receive notice of discipline by
another court or bar association. The Clerk of Court will maintain these
documents in a confidential file in CM/ECF.
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Commencement of a Disciplinary Action.
(1) Reciprocal Discipline.
(A) After receiving notice of discipline under section 83-1.7(c), the Clerk
must serve on the attorney:
(i) a copy of the notice if the attorney did not provide the
notice; and
(ii) an order, to become effective 28 days after the date of
service, imposing reciprocal discipline in this court.
(B) A motion for relief from the clerk’s order may be filed within 14
days of the date of service of the clerk’s order. Failure to file a
motion for relief is deemed a waiver. The motion must succinctly
identify the facts, relevant authority, and argument supporting the
relief from the order of reciprocal discipline. The effect of the
clerk’s order is stayed until the disciplinary panel, identified in
section 83-1.7(f), orders otherwise. The panel may schedule an
evidentiary hearing upon a showing of good cause. If an evidentiary
hearing is held, the panel may enter interim orders, pending the
hearing, as justice may require. If a hearing is not scheduled, the
panel may affirm the clerk’s order or take other action.
(2) Attorney Misconduct Complaint or Criminal Conviction.
(A) After receiving an attorney misconduct complaint or notice of a
criminal conviction, the clerk will transmit a copy to the panel with
a recommendation whether to issue an order to respond.
(B) The panel may issue an order to respond requiring the attorney to
explain why the court should not restrict the attorney’s ability to
practice.
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(C) The clerk may serve the order to respond on the attorney by email
at an identified email address. If the email is returned as
undeliverable, the Clerk must serve the order to respond by
certified mail, return receipt requested, on the attorney at an
identified mailing address.
(D) A response must be filed within 21 days after service of the order to
respond.
(E) After receipt of the response or the expiration of 21 days, the panel
must review the documents and may:
(i) dismiss the complaint;
(ii) refer the action to a more appropriate jurisdiction;
(iii) impose no discipline;
(iv) impose interim or final discipline;
(v) refer the action to the committee identified in section
83-1.7(f) for review and recommendations; or
(vi) set the matter for an evidentiary hearing before a trier of
fact.
(3) Judicial Referral. A judicial officer may make a referral in writing to the
panel or any other appropriate authority regarding an attorney’s
misconduct. The procedure for addressing a judicial referral is the same as
in section 83-1.7(d)(2).
Discipline.
Discipline may include:
(1) a public or private reprimand;
(2) conditions for continuing to practice law in this jurisdiction;
(3) probation;
(4) suspension from the right to practice in this court;
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(5) disbarment; or
(6) other discipline as deemed appropriate.
Disciplinary Authorities, Procedures, and Record Requests.
(1) Authorities.
(A) Disciplinary Panel. The Chief Judge must appoint a panel of 3
judicial officers to constitute the Panel and designate 1 to serve as
the chair. The Panel has jurisdiction over all matters relating to the
discipline of attorneys, including disbarment and suspension. The
Chief Judge may designate additional judicial officers to serve as
alternates when a member is unable to serve. If a member is unable
to serve, the remaining members have authority to proceed
without the participation of the unavailable member. If the
unavailable member is the chair, the remaining members will select
a substitute chair.
(B) Committee. The panel may appoint a committee of attorneys to
advise and assist it. At the panel’s direction, the Committee may
investigate complaints or motions for reinstatement, prepare a
report and recommendation, or serve as a trier of fact.
(C) Investigator. The panel may appoint an investigator to interview
witnesses, gather evidence, and prepare reports or summaries.
(D) Hearing Officer. The panel may appoint a neutral hearing officer to
conduct an evidentiary hearing. The hearing officer must be a
judicial officer or member of the court’s bar.
(E) Examiner. The panel may appoint a member of the committee or
another attorney to present evidence in support of discipline.
(F) Clerk of Court. The Clerk of Court will process a disciplinary matter
as stated in this rule.
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(2) Disciplinary Authority Immunity. Disciplinary authorities are immune from
claims arising out of disciplinary actions.
(3) Hearing. The trier of fact, which may be the panel that may include a
member of the committee, may permit discovery, receive testimony, and
consider other evidence as deemed relevant or material. The Federal Rules
of Evidence do not apply.
(4) Records.
(A) Public. An order of discipline is a public record and will be reflected
in the court’s public attorney directory, unless ordered otherwise.
(B) Confidential. All other disciplinary records are confidential.
(C) Record Requests. A person may file a request to obtain copies of
disciplinary records with the Clerk of Court. The panel may
authorize the clerk to provide copies of the records. If the panel
denies the request, the person may file an objection within 14 days.
The Chief Judge will address the objection.
Reinstatement.
(1) An attorney who has been disciplined in this court may file a motion for
reinstatement in the original disciplinary action. Reinstatement in this
court is not automatic after reinstatement in another jurisdiction.
(2) The motion must succinctly:
(A) identify disciplinary and reinstatement actions taken in any
jurisdiction; and
(B) explain why reinstatement is appropriate in this court and will not
be detrimental to the integrity of the bar of this court, the interests
of justice, or the public.
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