Utah Courts
SCRP Rule 4-715 (Supreme Court Rules of Professional Practice)
SCRP Rule 4-715 (Supreme Court Rules of Professional Practice)
The Utah Code of Judicial Administration Chapters 11-15 have been moved to the Supreme Court Rules of Professional Practice Chapters 1-5
This rule was previously UCJA Rule 14-715. Requests for Review.
Rule 4-715. Requests for Review.
(a) Decisions subject to review. The following decisions qualify as final and are therefore subject to review by the Admissions Committee:
(1) a decision issued by the Test Accommodations Committee in accordance with Rule 14-706(a);
(2) a decision issued by the Character and Fitness Committee after a formal hearing in accordance with Rule 14-708(c)(4);
(3) a decision denying an application in accordance with Rule 14-709(a); or
(4) a decision denying an application for failure to complete the requirements of the Alternate Pathway.
(b) Request for review; fee; record; memoranda.
(1) Request for review.An Applicant may request review of a final decision by filing a request, in writing, with the Deputy General Counsel within ten calendar days of the date on the written decision. The request for review must be addressed to the Admissions Committee and contain a short and plain statement of the reasons that the Applicant is entitled to relief. The Applicant may not include issues in the request for review that were not previously raised and, because the Admissions Committee does not have the authority to waive rules, the Applicant may not seek a rule waiver in the request for review.
(2) Fee. The Applicant must pay a $100 filing fee to the Bar at the time the Applicant submits the request for review.
(3) Record. Within seven days of receipt of a request for review, the Deputy General Counsel will forward to the Applicant the documents forming the record of the decision being reviewed, including the transcript of a formal hearing, if any.
(4) Memoranda.Within 30 calendar days of filing the request for review, the Applicant must file with the Deputy General Counsel a written memorandum citing to the record and marshalling the evidence to show an error of law or that the evidence does not support the decision. The Bar may file a responsive memorandum within 14 days of its receipt of the Applicant’s memorandum. No reply memorandum will be permitted unless specifically requested by the Admissions Committee.
(c) Review process.
(1) Upon receipt of a request for review and any memoranda, the Deputy General Counsel will forward to the Admissions Committee the record, the request, the Applicant’s memorandum, and the Bar’s responsive memorandum, if any.
(2) The review will be a closed proceeding and will be limited to consideration of the record, the Applicant’s memorandum, and the Bar’s responsive memorandum, if any. An Applicant’s appearance at the review will only be permitted if requested by the Admissions Committee.
(3) The Admissions Committee may consolidate, in whole or in part, multiple requests for review setting forth common issues.
(d) Decision on review. The Admissions Committee will:
(1) review factual findings for plain error and will give deference to any credibility determinations; and
(2) review the decision, including any interpretation of law, de novo.
(3) After completing the review, the Admissions Committee will issue a written decision in which it affirms, modifies, or reverses the decision.
(e) Supreme Court petition for review.
(1) Deadline and fee.Within 30 calendar days of the date on the Admission Committee’s written decision, the Applicant may seek review of that decision by the Supreme Court by filing a petition for review with the Supreme Court clerk and serving a copy upon the Bar’s General Counsel. At the time of filing the petition for review, the petitioner will pay the prescribed filing fee to the Supreme Court clerk. The clerk will not accept a petition for review unless the filing fee is paid.
(2) Record of proceedings. The Bar will prepare a record of the proceedings and will file the record with the Supreme Court clerk within 21 calendar days following the filing of the petition for review.
(3) Petitioner’s principal brief. The petitioner must file a principal brief with the Supreme Court within 30 calendar days after a record of the proceedings has been filed with the Supreme Court. The brief must state the name of the petitioner and will designate the Bar as respondent. The brief must contain the following:
(A) a statement of the issues presented and the relief sought;
(B) a statement of the facts necessary to an understanding of the issues presented by the review, with citations to the record;
(C) the legal argument supporting the petitioner’s request;
(D) a certificate reflecting service of the brief upon the Bar’s General Counsel; and
(E) a certificate reflecting compliance with the word limitation stated in this rule.
(4) Bar’s principal brief. Within 30 calendar days after service of the petitioner’s principal brief on the Bar’s General Counsel, the Bar, as respondent, must file its response with the Supreme Court clerk. The Bar’s principal brief must contain certificates reflecting service of the brief on the petitioner and compliance with the word limitation stated in this rule.
(5) Petitioner’s reply brief. Petitioner may file a reply brief within 30 calendar days after service of the Bar’s principal brief on Petitioner. A reply is limited to responding to the facts and arguments raised in the Bar’s principal brief, and it must contain certificates reflecting service of the brief on the Bar’s General Counsel and compliance with the word limitation stated in this rule.
(6) Length of briefs. Except by permission of the Court, the principal briefs are each limited to 14,000 words; any reply brief is limited to 7,000 words.
(7) Oral argument; notice of decision. The Supreme Court clerk will notify the parties if any additional briefing or oral argument is permitted. Upon entry of the Supreme Court’s decision, the clerk will give notice of the decision.
(f) Rule waivers. The review panel does not have authority to waive admission rules. An applicant seeking a rule waiver must file a petition with the Supreme Court pursuant to Rule 14-722. An applicant may not seek a request for review or a petition for review at the same time as or for the same issue as a rule waiver.
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