Utah Courts
SCRP Rule 1-703 (Supreme Court Rules of Professional Practice)
SCRP Rule 1-703 (Supreme Court Rules of Professional Practice)
Rule 1-703 Disclosure, Recusal, and Disqualification
(a) Intent. To establish procedures for the disclosure, recusal, or disqualification of a Committee member’s participation in any Committee action where a qualifying conflict of interest exists.
(b) Disclosure.
(1) A committee member must disclose any conflict of interest before the Committee takes action on an item in which the member has a conflict of interest.
(2) Each Committee member must disclose to the Committee the member’s professional or personal relationship or other conflict of interest with a subject party.
(3) Relationships that may affect an evaluation of the subject party include any contact or association that might influence a Committee member’s ability to fairly and reasonably evaluate a subject party without bias or prejudice, including but not limited to:
(A) a familial relationship with to a subject party within the third degree of relationship;
(B) any business or personal relationship between the Committee member and a subject party; and
(C) any personal litigation directly or indirectly involving a subject party and the Committee member, the Committee member’s family, or the Committee member’s business.
(c) Recusal.
(1) As used in this rule, recusal is a voluntary act of self-disqualification from an action item by a Committee member.
(2) After making a disclosure under paragraph (b), a Committee member may recuse if the Committee member believes the relationship with the subject party or other parties will affect the member’s evaluation of the subject party.
(3) A Committee member need not recuse if the member believes the member can be fair and unbiased.
(4) The Committee chair may order a Committee member be disqualified for either a disclosed or undisclosed apparent conflict of interest.
(d) Disqualification procedures.
(1) A subject party may move to disqualify a Committee member if such member:
(A) makes a disclosure and does not voluntarily recuse, and that member’s impartiality might reasonably be questioned; or
(B) does not make a disclosure, but known circumstances suggest the Committee member’s impartiality might reasonably be questioned.
(2) A motion to disqualify a Committee member must be submitted to the Committee staff member for review by the chair or vice chair before the applicable Committee meeting.
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