Category: USB14-0103

Posted: December 18, 2020

Utah Supreme Court Rules of Professional Practice: Office of Professional Conduct, Rules Governing the Utah State Bar, and Rules Governing Licensed Paralegal Practitioners – Effective December 15, 2020

The final rule changes reflect the recommended reforms to lawyer discipline and disability proceedings and sanctions contained in the American Bar Association/Office of Professional Conduct Committee’s Summary of Recommendations (October 2018).

Adoption of Chapter 11 article 5 rules:

General provisions

CJA11-0501. Lawyer disciplinary and disability proceedings: purpose, authority, scope, and structure.
CJA11-0502. Definitions.
CJA11-0503. Oversight Committee for the Office of Professional Conduct.
CJA11-0504. Jurisdiction.
CJA11-0505. Statute of limitations.

Ethics and Discipline Committee

CJA11-0510. Ethics and Discipline Committee composition.
CJa11-0511. Screening panel composition; responsibilities.
CJA11-0512. Respondent subpoena petitions.
CJA11-0513. Committee clerk.
CJA11-0514. Disclosure, recusal, and disqualification.

Office of Professional Conduct composition and responsibilities

CJA11-0520. Chief Disciplinary Counsel and OPC counsel.
CJA11-0521. OPC prosecutorial powers and duties.
CJA11-0522. Ethics advisory opinions.
CJA11-0523. OPC investigative subpoenas.
CJA11-0524. Retaining records.

Prosecution and appeals

CJA11-0530. Unprofessional conduct Complaints.
CJA11-0531. Proceedings before Committee and screening panels.
CJA11-0532. Exceptions to screening panel determinations and recommendations.
CJA11-0533. General procedures.
CJA11-0534. Final Committee disposition.
CJA11-0535. Appealing a final Committee determination to the Supreme Court.
CJA11-0536. Actions in district court.
CJA11-0537. Failure to answer charges.
CJA11-0538. Appointment of trustee to protect clients’ interest when Lawyer disappears, dies, is suspended or delicensed, or is transferred to disability status.
CJA11-0539. Costs.
CJA11-0540. Immunity from civil suits.
CJA11-0541. Service.
CJA11-0542. Additional rules of procedure.

Diversion

CJA11-0550. Diversion referrals, authority, and responsibilities.
CJA11-0551. Circumstances warranting diversion.
CJA11-0552. Diversion contract.
CJA11-0553. Respondent’s participation in diversion.
CJA11-0554. Terminating diversion.
CJA11-0555. Diversion Costs.

Discipline

CJA11-0560. Grounds for discipline.
CJA11-0561. Accessing disciplinary information.
CJA11-0562. Disseminating disciplinary information.
CJA11-0563. Interim discipline for threat of harm.
CJA11-0564. Finding of guilt or entry of a plea to a crime.
CJA11-0565. Discipline by consent.
CJA11-0566. Resignation with discipline pending.

CJA11-0567. Reciprocal discipline.
CJA11-0568. Proceedings in which Lawyer is declared to be incompetent or alleged to be incapacitated.
CJA11-0569. Noncompliance with child support order, child visitation order, subpoena or order relating to paternity, or child support proceeding.
CJA11-0570. Notice of disability or suspension; return of clients’ property; refund of unearned fees.

Sanctions

CJA11-0580. Purpose and nature of sanctions.
CJA11-0581. Sanctions.
CJA11-0582. Factors to be considered in imposing sanctions.
CJA11-0583. Imposition of Sanctions.
CJA11-0584. Reserved.
CJA11-0585. Reserved.
CJA11-0586. Reserved.
CJA11-0587. Prior discipline orders.
CJA11-0588. Aggravation and mitigation.

Reinstatement

CJA11-0590. Reinstatement following a suspension of no more than six months or probation.
CJA11-0591. Reinstatement following a suspension of more than six months; relicensure.

Repeal:

Repeal of Chapter 14 articles 5 and 6

Repeal of Chapter 15 articles 5 and 6

Repeal of Rule 11-501

Amending rules:

USB14-0102 . Regulating the practice of law.
USB14-0103. Bar organization and management.
USB14-0105. Proposing rules to regulate licensed lawyers,
licensed paralegal practitioners, and judicial officers.
USB14-0107. Duties of lawyers, foreign legal consultants,
and licensed paralegal practitioners.
USB14-0111. Practicing without a license prohibited.
USB14-0202. Bar’s purposes.
USB14-0207. Finances.
USB14-0208. Special rules and regulations.
USB14-0801. Definitions.
USB14-0904. Funding.
USB14-0912. Processing claims.
URGLPP15-0402. Definitions.
URGLPP15-0701. Definitions.

Supreme Court Order for adoption of Chapter 11, article 5 rules and repeal of Chapter 14, articles 5 and 6 and Chapter 15, articles 5 and 6

Supreme Court Order for amended Chapter 14 rules

Supreme Court Order for amended Chapter 15 rules

Posted: September 11, 2018

Rules Governing the Utah State Bar – Effective November 1, 2018

USB14-0101. Amend. Definitions.

USB14-0102. Amend. Regulation of the practice of law.

USB14-0103. Amend. Organization and management of the Bar.

USB14-0104. Amend. Admission to practice law; qualifications, enrollment, oath, and fees.

USB14-0105. Amend. Conduct of licensed lawyers and judicial officers; complaints, investigations, and discipline.

USB14-0107. Amend. Annual license, fees; disbursements of funds.

USB14-0108. Amend. Issuance of license; form.

USB14-0110. Amend. Active and inactive members of the Bar.

USB14-0111. Amend. Practicing without a license prohibited.

USB14-0112. Amend. Duties of attorneys and counselors at law.

USB14-0201. Amend. Bylaws.

USB14-0203. Amend. License categories.

USB14-0210. Amend. General.

USB14-0403. Amend. Establishment of membership of Board.

USB14-0802. Amend. Authorization to practice law.

Supreme Court Order

Posted: June 22, 2009

Rules Governing the Utah State Bar

USB 14-0203. License categories. Amend. Specify that to qualify for the “active, under 3 years” category means to have practiced less than 3 years in any jurisdiction.
Supreme Court Order
USB 14-0507. Roster of lawyers and current record information. Amend. Require the Bar to collect, maintain and have ready access to a lawyer’s e-mail address. Lawyer could still designate the e-mail address as private.
Supreme Court Order
USB 14-0103. Organization and management of the Bar. Amend. Establish on-line election of president-elect and commissioners.
USB 14-0205. Board. Amend. Establish on-line election of president-elect and commissioners.
USB 14-0206. Officers. Amend. Establish on-line election of president-elect and commissioners.
Supreme Court Order.
USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures.
Supreme Court Order.

Posted: April 8, 2009

Rules Governing the Utah State Bar

USB 14-0103. Organization and management of the Bar. Amend. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President.
USB 14-0205. Board. Amend. Shorten voting period for elections from 30 to 15 days. Standardize the requirements for a Commissioner to vacate his or her unexpired term when succeeding to the office of President.
USB 14-0206. Officers. Amend. Shorten voting period for elections from 30 to 15 days. Provide for the event that the Commission is unable to nominate two candidates for the office of President-elect to run in a contested election.
Supreme Court Order.