Utah Courts

UCJA Rule 11-585 (Code of Judicial Administration)

Rule 11-585. Presumptive sanctions for violating duties owed to the legal system.

Rule printed on April 23, 2024 at 7:21 pm. Go to https://www.utcourts.gov/rules for current rules.

Effective: 11/1/2022

(a) False statements, fraud, and misrepresentation. The following sanctions are generally appropriate when a Lawyer’s conduct is prejudicial to the administration of justice or involves dishonesty, fraud, deceit, or misrepresentation to a court in violation of Rules 1.2(d), 3.3, or 4.1:

(1) Delicensure is generally appropriate when a Lawyer, with the intent to deceive the court, makes a false statement, submits a false document, or improperly withholds material information, and causes serious or potentially serious injury to a party, or causes a significant or potentially significant adverse effect on the legal proceeding.
(2) Suspension is generally appropriate when a Lawyer learns that false statements or documents have been submitted or material information improperly withheld, and takes no remedial action, and thereby causes injury or potential injury to a party to the legal proceeding, or causes an adverse or potentially adverse effect on the legal proceeding.
(3) Reprimand is generally appropriate when a Lawyer is negligent either in determining whether statements or documents are false or in taking remedial action when material information is being withheld and causes injury or potential injury to a party to the legal proceeding, or causes an adverse or potentially adverse effect on the legal proceeding.
(4) Admonition is generally appropriate when a Lawyer engages in an isolated instance of neglect in determining whether submitted statements or documents are false or in failing to disclose material information upon learning of its falsity, and causes little or no actual or potential injury to a party, or causes little or no adverse or potentially adverse effect on the legal proceeding.

(b) Abuse of the legal process. The following sanctions are generally appropriate when a Lawyer violates Rules 3.1, 3.2, 3.4, 3.6, 3.9, 4.4, 8.4(e), or 8.4(f):

(1) Delicensure is generally appropriate when a Lawyer engages in a pattern or practice of knowingly abusing the legal process with the intent to obtain a benefit for the Lawyer or another and causes serious or potentially serious injury to a party, or causes serious or potentially serious interference with a legal proceeding.
(2) Suspension or reprimand is generally appropriate when a Lawyer knowingly or negligently abuses the legal process and causes injury or potential injury to a client or a party, or causes interference or potential interference with a legal proceeding. The appropriate sanction will depend on the Lawyer’s mental state and the seriousness of the injury or potential injury to a client or a party, or the degree of interference or potential interference with a legal proceeding.
(3) Admonition is generally appropriate when a Lawyer negligently abuses the legal process in an isolated instance and causes little or no actual or potential injury to a party, or causes little or no actual or potential interference with a legal proceeding.

(c) Improper communications with individuals in the legal system. The following sanctions are generally appropriate when a Lawyer attempts to influence a judge, juror, prospective juror, or other official by means prohibited by law in violation of Rule 3.5, 4.2, or 4.3:

(1) Delicensure is generally appropriate when a Lawyer:

(A) intentionally tampers with a witness and causes serious or potentially serious injury to a party, or causes significant or potentially significant interference with the outcome of the legal proceeding;
(B) makes an ex parte communication with a judge or juror with intent to affect the outcome of the proceeding, and causes serious or potentially serious injury to a party, or causes significant or potentially significant interference with the outcome of the legal proceeding; or
(C) improperly communicates with someone in the legal system other than a witness, judge, or juror with the intent to influence or affect the outcome of the proceeding, and causes significant or potentially significant interference with the outcome of the legal proceeding.

(2) Suspension is generally appropriate when a Lawyer engages in communication with an individual in the legal system when the Lawyer knows that such communication is improper, and causes injury or potential injury to a party or causes interference or potential interference with the outcome of the legal proceeding.
(3) Reprimand is generally appropriate when a Lawyer is negligent in determining whether it is proper to engage in communication with an individual in the legal system, and causes injury or potential injury to a party or interference or potential interference with the outcome of the legal proceeding.
(4) Admonition is generally appropriate when a Lawyer engages in an isolated instance of negligence in improperly communicating with an individual in the legal system, and causes little or no: (A) actual or potential injury to a party, or (B) actual or potential interference with the outcome of the legal proceeding.

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