Utah Courts
SCRP Rule 1-552 (Supreme Court Rules of Professional Practice)
SCRP Rule 1-552 (Supreme Court Rules of Professional Practice)
The Utah Code of Judicial Administration Chapters 11-15 have been moved to the Supreme Court Rules of Professional Practice Chapters 1-5
This rule was previously UCJA Rule 11-552. Diversion contract.
Rule 1-552. Diversion contract.
(a) Contract requirements.
(1) If the Respondent agrees or elects to participate in diversion, the terms of the diversion must be set forth in a written contract. The contract will be between the Respondent and the OPC.
(2) The OPC must monitor and supervise the conditions of diversion and the terms of the diversion contract.
(3) The contract must specify any program to which the Respondent will be diverted, the general purpose of the diversion, the manner in which compliance is to be monitored, and any requirement for payment of restitution or cost.
(4) The Respondent will bear the burden of drafting and submitting the proposed diversion contract. The Respondent may use counsel to assist in the negotiation phase of diversion. The Respondent may also request that the OPC draft the proposed diversion contract.
(5) The Respondent may also use benefits programs such as a lawyer assistance program to assist in developing terms and conditions for the diversion contract appropriate to that Respondent’s particular situation. Use of a lawyer assistance program to assess appropriate conditions for diversion will not conflict that entity from providing services under the contract.
(6) The terms of each contract must be specifically tailored to the Respondent’s individual circumstances. The contract is confidential and its terms may not be disclosed to anyone other than the parties to the contract.
(b) Contract terms. All diversion contracts must contain at least:
(1) the signatures of the Respondent, the Respondent’s counsel (if any), and the OPC;
(2) the terms and conditions of the plan for the Respondent and, the identity, if appropriate, of any service provider, mentor, monitor and/or supervisor and that individual’s specific responsibilities. If the Respondent uses a professional or service, and it is necessary to disclose confidential information, the Respondent must sign a limited conditional waiver of confidentiality permitting the professional or service to make the necessary disclosures for the Respondent to fulfill the Respondent’s duties under the contract;
(3) the necessary terms providing for oversight of fulfilling the contract terms, including provisions for those involved to report any alleged breach of the contract to the OPC;
(4) the necessary terms providing that the Respondent will pay all costs incurred in connection with the contract and those costs further specified under Rule 1-555 and any costs associated with any Complaint to be deferred; and
(5) a specific acknowledgement that a material violation of a contract term renders the Respondent’s participation in diversion voidable by the OPC.
(c) Amendments.The contract may be amended if the Respondent and the OPC agree.
(d) Status of complaint. After a diversion contract is executed by the Respondent, the Complaint is deferred pending successful completion of the contract.
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