Utah Courts
UCJA Rule 11-563 (Code of Judicial Administration)
UCJA Rule 11-563 (Code of Judicial Administration)
Rule 11-563. Interim discipline for threat of harm.
(a) Petition for interim discipline. Upon receiving sufficient evidence that a Lawyer subject to the Supreme Court’s disciplinary jurisdiction poses a threat of serious harm to the public and has either committed a violation of the Rules of Professional Conduct or Licensed Paralegal Practitioner Rules of Professional Conduct or is under a disability as herein defined, the OPC must file a petition for interim discipline in the district court, requesting a hearing and giving notice in accordance with Utah Rule of Civil Procedure 65A.
(1) The petition for interim discipline must be filed with the district court and served on the Respondent in accordance with Rule 4 of the Utah Rules of Civil Procedure.
(2) The district court will set a hearing within 14 days of filing the return of service showing that Respondent has been served.
(b) Immediate interim discipline. After conducting a hearing on the petition, the district court may enter an order immediately suspending the respondent, limiting the Respondent’s practice area, or requiring supervision of the Respondent pending final disposition of a disciplinary proceeding, or may order such other action as deemed appropriate.
(1) If an order is entered:
(A) the district court may appoint a trustee under Rule 11-538, to protect the interests of the Respondent’s clients; and
(B) the OPC may file an Action without presenting the matter to a screening panel.
(2) If an order for interim discipline is not obtained, the OPC must dismiss the interim Action and will process the matter as it does any other information coming to the OPC’s attention.
(c) Notice to clients. A Respondent subject to interim discipline pursuant to paragraph (b) must comply with the notice requirements in Rule 11-570 as ordered by the district court.
(d) Motion to dissolve or modify interim discipline. On 48 hours’ notice to the OPC, a Respondent suspended pursuant to paragraph (b) may appear and move to dissolve or modify the order of discipline, and such motion will be heard and determined as expeditiously as justice requires.
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