(a) Appointment and qualifications. The Supreme Court will appoint a Lawyer licensed to practice in Utah to serve as Chief Disciplinary Counsel. Neither the Chief Disciplinary Counsel nor any full-time assistant disciplinary counsel may engage in the private practice of law for payment.
(b) Chief Disciplinary Counsel responsibilities. The Chief Disciplinary Counsel serves at the pleasure of the Utah Supreme Court and has the following responsibilities:
(1) Hire and manage OPC Counsel and staff to ensure quality investigations, discipline, and sanctions.
(2) Develop the budget for Oversight Committee approval.
(3) Monitor and report to the Oversight Committee regarding the OPCís operations and the efficiency and effectiveness of the disciplinary system.
(4) Prepare and submit an annual report to the Oversight Committee and Supreme Court on or about February 1 of each year for the preceding calendar year.
(A) The report must include:
(i) the number of disciplinary cases investigated;
(ii) the number of disciplinary cases brought before the Committee;
(iii) Actions filed;
(iv) dispositions, including diversionary dispositions;
(v) cases dismissed;
(vi) case aging statistics;
(vii) informal ethics advisory opinions issued by the Bar; and
(viii) such other information as may be helpful to the Supreme Court in understanding the OPCís operations and the efficiency and effectiveness of the disciplinary system.
(B) Such report may contain recommendations for rule amendments or changes in the OPC or Ethics and Discipline Committee procedure. The Oversight Committee may amend the report before releasing it to the Supreme Court.
(c) OPC Counsel.
(1) Qualification and responsibilities. OPC Counsel must be licensed to practice law in Utah.
(2) OPC Counsel will be selected by the Chief Disciplinary Counsel. An OPC Counsel is an at-will employee subject to dismissal by the Chief Disciplinary Counsel with or without cause.
(d) Disqualification and conflicts of interest. In addition to complying with the Rules of Professional Conduct regarding successive government and private employment (Rule 1.11 of the Rules of Professional Conduct), former OPC Counsel may not personally represent a Respondent as to any Complaint or Action within one year after completing the former OPC Counselís service. In addition to the one-year prohibition, former OPC Counsel may not personally represent a Respondent in any Complaint or Action that the OPC investigated or prosecuted during the term of the former OPC Counselís employment.
Effective December 15, 2020