Category: -Rules Governing the State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, describes in general terms the responsibilities of the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0504. OPC counsel. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, eliminates OPC’s responsibility for notice of disposition of matters. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0510. Prosecution and appeals. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, assigns specific tasks performed by OPC to the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0533. Diversion. Amend. Removes the description of OPC acting as secretary to the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

USB 14-0515. Access to disciplinary information. Amend. Allows access to disciplinary records without the waiver of the respondent in limited circumstances. Requires that those with access maintain the confidentiality of the records. Effective November 25, 2015 under Rule 11-105. Subject to change after the comment period.

The following proposals address changes to the Bar admissions rules. The proposed changes are primarily a reorganization of the current rules to make them easier for applicants to understand. Redundant sections of the rules were deleted and consolidated. There also are numerous changes proposed for consistency, form and clarification. Substantive changes include a change in the definition of “Active Practice” in Rule 14-701, the consolidation of all review procedures under Rule 14-715, and changes to timing of motions for admissions, the ceremony and taking of the oath of attorney in Rules 14-707 and 14-716.
USB 14-0701. Definitions. Amend.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants. Amend.
USB 14-0704. Qualifications for admission of Attorney Applicants. Amend.
USB 14-0705. Admission by motion. Amend.
USB 14-0706. Test accommodations. Amend.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees. Amend.
USB 14-0708. Character and fitness. Amend.
USB 14-0709. Application denial. Amend.
USB 14-0710. Administration of the Bar Exam. Amend.
USB 14-0711. Grading and passing of the Bar Exam. Amend.
USB 14-0712. Qualificatons for admission based on UBE. Amend.
USB 14-0715. Bar Examination appeals. Amend.
USB 14-0716. License fees; enrollment fees; oath and admission. Amend.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys. Amend.
USB 14-0718. Licensing of Foreign Legal Consultants. Amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Amend.

The following proposals address changes to the MCLE rules. The most substantive proposed change allows lawyers to receive up to six hours of live continuing legal education credit for attending live, interactive webcasts that are broadcast from a Utah state courthouse to a Utah state courthouse or from the Law and Justice Center to a Utah state courthouse. The proposals also address the requirements for active Bar members living outside of Utah and practicing in other jurisdictions. The majority of the changes correct grammar and inconsistencies with other Bar rules, as well as provide clarification.
USB 14-0401. Purpose. Amend.
USB 14-0402. Definitions. Amend.
USB 14-0403. Establishment and Membership of Board. Amend.
USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend.
USB 14-0405. MCLE requirements for lawyers on inactive status. Amend.
USB 14-0406. MCLE requirements for lawyers on active military duty. Amend.
USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend.
USB 14-0408. Credit hour defined; application for approval. Amend.
USB 14-0409. Self-study categories of accredited MCLE defined. Amend.
USB 14-0410. Accreditation of MCLE; undue hardship and special accreditation. Amend.
USB 14-0411. Board accreditation of non-approved sponsor courses. Amend.
USB 14-0412. Presumptively approved sponsors; presumptive MCLE accreditation. Amend.
USB 14-0413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. Amend.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.
USB 14-0416. Lawyers on active status not practicing law; certificate of exemption. Amend.
USB 14-0417. Miscellaneous fees and expenses. Amend.

USB 14-0301. Standards of Professionalism and Civility. Amend. Advises lawyers to educate themselves about the risks of using social media.
USB 14-0503. Ethics and Discipline Committee. Amend. Provides for a third committee vice chair appointed by the Supreme Court. Allows a chair or vice chair of one screening panel to serve on another.
USB 14-0510. Prosecution and appeals. Amend. Describes the role of the screening panel as investigator and fact finder. Requires an OPC summary – if provided to a screening panel – to also be provided to the respondent and to include any additional violations. Allows the respondent to address any violations. Permits the screening panel to find additional violations during the hearing. Describes the process by which the respondent may address the additional violations. Requires a formal complaint to be filed if a screening panel finds probable cause for public discipline or if the misconduct is similar to a pending formal complaint. Allows evidence of prior discipline to be presented at the hearing. Allows for multiple cases to be presented to one screening panel. Allows the OPC 30 days to file a response to respondent’s exceptions. Allows the chair to extend the time to file an exception or response so the respondent or OPC can obtain a transcript of the hearing.
USB 14-0517. Additional rules of procedure. Amend. Clarifies that a screening panel chair screens complaints against OPC counsel, committee members and bar commissioners before the appointment of a special counsel.
USB 14-0533. Diversion. Amend. Requires that the OPC agree to diversion before the Diversion Committee can consider the respondent’s request for diversion.

USB 14-0510. Prosecution and appeals. Amend. Provides that a matter may be referred to the Professional Counseling Board. Gives the Office of Professional Conduct the right to appeal a screening panel decision. Makes technical changes.

USB 14-0533. Diversion. Amend. Changes a term on the committee from three years to four years. Effective May 23, 2014 under CJA 11-105. Subject to change after the comment period.

USB 14-0808. New lawyer training program. Amend. Moves the responsibility for approving mentors from the Supreme Court to the Bar. Effective March 27, 2014 under CJA Rule 11-105(5). Subject to change after the comment period.