Utah Courts
SCRP Rule 1-584 (Supreme Court Rules of Professional Practice)
SCRP Rule 1-584 (Supreme Court Rules of Professional Practice)
Rule 1-584. Presumptive sanctions for violating duties owed to the public.
(a) Failing to maintain personal integrity. The following sanctions are generally appropriate when a Lawyer commits a criminal act that reflects adversely on the Lawyer’s honesty, trustworthiness, or fitness as a Lawyer in other respects in violation of Rules 8.1, 8.4(b), or 8.4(c):
(1) Delicensure is generally appropriate when a Lawyer intentionally or knowingly engages in criminal conduct that would be a felony under applicable law and the conduct:
(A) involves dishonesty, fraud, deceit, or misrepresentation, including but not limited to theft, fraud, extortion, bribery, obstruction of justice, and false statements; or
(B) poses a serious danger to the safety of others, including but not limited to assault, homicide, kidnapping, sexual offenses, and distribution of controlled substances.
(2) Suspension is generally appropriate when a Lawyer intentionally or knowingly engages in non-felony criminal conduct that seriously adversely reflects on the Lawyer’s honesty, trustworthiness, or fitness as a Lawyer in other respects.
(3) Either reprimand or admonition is appropriate when a Lawyer engages in any other non-felony criminal conduct that adversely reflects on the Lawyer’s fitness to practice law, depending on the potential or actual injury to the public trust.
(b) Failing to adhere to the special duties of a prosecutor. The following sanctions are generally appropriate in cases involving Lawyers who violate Rule 3.8:
(1) Delicensure is generally appropriate when a Lawyer violates the special duties of a prosecutor with the intent to obtain a significant benefit or advantage for the Lawyer or another, or with the intent to cause serious or potentially serious injury to a party or to the integrity of the legal process.
(2) Suspension or reprimand is generally appropriate when a Lawyer knowingly or negligently violates the special duties of a prosecutor. The appropriate sanction will depend on the Lawyer’s mental state and the seriousness of the injury or potential injury to a party or to the integrity of the legal process.
(3) Admonition is generally appropriate when a Lawyer violates the special duties of a prosecutor in an isolated instance of negligence, and causes little or no actual or potential injury to a party or to the integrity of the legal process.
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