Utah Courts
UCJA Rule 11-514 (Code of Judicial Administration)
UCJA Rule 11-514 (Code of Judicial Administration)
Rule 11-514. Disclosure, recusal, and disqualification.
(a) Application. Disclosure, recusal, and disqualification apply to Committee members’ participation in a screening panel hearing, exception, or other proceeding in which a Respondent’s conduct is considered under these rules.
(b) Disclosure.
(1) Committee members must make disclosures before or, at the latest, at the start of a screening panel hearing or other hearing in which a Respondent’s conduct is considered.
(2) Each Committee member must disclose to the parties any professional or personal relationship or conflict of interest with a party or a party’s counsel in the proceeding that may affect an unbiased evaluation of the Respondent.
(3) Relationships that may affect an unbiased evaluation of the Respondent include any contact or association that might influence a Committee member’s ability to fairly and reasonably evaluate the conduct of any Respondent or to assess that Respondent without bias or prejudice, including but not limited to:
(A) family relationships to a party or Lawyer of a party in the proceeding within the third degree of relationship;
(B) any business relationship between the Committee member and a party or Lawyer of a party in the proceedings; and
(C) any personal litigation directly or indirectly involving a party or a Lawyer of a party in the proceeding 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 by a Committee member.
(2) After making a disclosure, a Committee member may voluntarily recuse if the Committee member believes the relationship with the Respondent or other parties will affect an unbiased evaluation of the Respondent.
(d) Disqualification procedures.
(1) A Respondent may move to disqualify a screening panel 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 screening panel member must be submitted to the Committee clerk for review by the screening panel chair or vice chair before or during the screening panel hearing.
(3) A motion to disqualify a Committee member from an exception or other hearing or review must be submitted to the Committee clerk for review by the Committee chair or vice chair before any hearing on the matter.
(e) Disqualification after Committee service. A former Committee member may not personally represent a Respondent in any proceeding as provided in these rules within one year after completing the former Committee member’s service. In addition to the one-year prohibition, a former Committee member may not personally represent a Respondent in any proceedings as provided in these rules in which the former Committee member previously participated during the Committee member’s service on the Committee.
| Empty Table |
|---|