Utah Courts
UCJA Rule 14-103 (Code of Judicial Administration)
UCJA Rule 14-103 (Code of Judicial Administration)
Rule 14-103. Bar organization and management.
(a)Board of Commissioners: number, term, and vacancies.
(1) Number. The Bar’s Board of Commissioners consists of at least 13 but no more than 15 voting members, including 11 elected lawyers and two nonlawyers appointed by the Supreme Court.
(2) Term. Unless otherwise provided, the term of office of each commissioner is three years and until a successor is elected and qualified. The initial term of office of one of the nonlawyer commissioners is two years.
(3) Vacancies.
(A) If a lawyer vacancy on the Board occurs before the completed term of office, the remaining commissioners will:
(i) conduct a special election;
(ii) appoint an interim successor from among the active Bar members whose business mailing addresses on the Bar’s records are in the division from which the commissioner was elected, who will serve until the next annual election; or
(iii) fill the vacancy during the next regular annual election.
(B) If a lawyer vacancy on the Board is filled by either a special or regular election, the Board may establish the term of the successor to be a one, two or full three-year term, provided that there would be only two or three commissioners from the Third Division whose terms expire in any one year and only four or five Board commissioners whose terms expire in any one year.
(C) A President’s unexpired Commission term will be filled in the regular election cycle immediately preceding the time he or she succeeds to the office of President.
(b)Board’s powers. The Board may exercise all powers necessary and proper to carry out its duties and responsibilities and has all authority not specifically reserved to the Supreme Court. The Court specifically reserves the authority to:
(1) approve Bar admission and licensure fees for attorneys and licensed paralegal practitioners;
(2) approve all rules and regulations for admission, licensure, professional conduct, client security fund, fee arbitration, legislative activities, unauthorized practice of law, and Bar Examination review and appeals; and
(3) establish appropriate rules and regulations governing mandatory continuing legal education.
(c)Territorial divisions. The First Division includes the First Judicial District; the Second Division includes the Second Judicial District; the Third Division includes the Third Judicial District; the Fourth Division includes the Fourth Judicial District; and the Fifth Division includes the Fifth, Sixth, Seventh, and Eighth Judicial Districts.
(d)Number of lawyer commissioners from each division. Each division will have one lawyer commissioner, except the Third Division will have seven lawyer commissioners. No more than one lawyer commissioner from any division except from the Third Division, and no more than seven lawyer commissioners from the Third Division, may serve on the Board at the same time.
(e)Nomination and eligibility of lawyer commissioners. To nominate a person for commissioner for a particular division, a member’s business mailing address on the Bar’s records must be within that division. To be eligible for the office of lawyer commissioner in a division, the nominee’s business mailing address on the Bar’s records must be within that division. Nomination to the office of commissioner must be by written petition of at least 10 Bar members in good standing. Any number of candidates may be nominated on a single petition. Nominating petitions will be provided to the executive director within a period fixed by the Board’s rules.
(f)Commissioner Elections.
(1) Lawyer commissioners must be elected by resident active Bar members as follows:
(A) beginning in 1983 and every third year thereafter, one member from the Second Division and two members from the Third Division, but in 1983 only, there will be four members elected from the Third Division;
(B) beginning in 1984 and every third year thereafter, one member from the First Division and three members from the Third Division; and
(C) beginning in 1985 and every third year thereafter, two members from the Third Division and one each from the Fourth and Fifth Divisions.
(2) The candidate from any division, and the two or three candidates from the Third Division, receiving the greatest number of votes of that division will be the commissioner of such division. A member may only vote for commissioner candidates in the division in which the member’s business mailing address on the Bar’s records is located. The ballots will be returned to the Bar offices in accordance with its rules. There will be an annual election by the resident active Bar members for the purpose of filling vacancies. The Board will fix the time for holding the annual election and prescribe such rules and regulations in accordance with this chapter. The Board must mail annual election notices at least 90 days before the date on which the election closes.
(g)President-elect’s nomination and election. The Board must nominate at least one active lawyer in good standing to run for the office of president-elect, to be elected by the active Bar members. The president and the president-elect will hold office until their successors are elected and seated. A secretary, and such other assistants as the Board may require, may be selected from within or without the Board to hold office at the pleasure of the Board and to be paid such compensation as the Board determines.
(h)Board officers and organization. The Board is organized and authorized to conduct business through its elected commissioners, and the Bar’s president and president-elect. The president-elect for the previous year will automatically succeed to the office of president. A president and president-elect who are not elected commissioners have the authority to vote on matters brought before the Board. In the event of a tie vote, the matter at hand will fail to pass.
(i)Annual and special meetings notice. There must be an annual meeting of the Bar, presided over by the Bar president, open to all members in good standing, and held at such time and place as the Board may designate, for discussing Bar affairs and the administration of justice. Special Bar meetings may be held at such times and places as the Board designates. Notice of all meetings must be published to the Bar’s website not fewer than 14 days before the date of such meeting.
(j)Bylaws. The Board may adopt Bylaws, not conflicting with any of these rules’ terms, concerning officer selection and tenure, creation of sections and committees and their powers and duties, and generally for the control and regulation of the business of the Board and of the Bar.
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