Rule 11-535. Appealing a final Committee determination to the Supreme Court.

(a) Within 28 days after the Committee chair serves a final, written disposition, the Respondent or the OPC may appeal the disposition to the Supreme Court and ask the Court to reverse or modify the final Committee disposition. An appeal under this rule is only available in cases where exceptions have been filed. Until the time for filing an appeal expires, dissemination of disciplinary information will be automatically stayed. If a timely appeal is filed, the stay will remain in place pending the Supreme Courtís resolution unless the Court orders otherwise.

(b) An appeal under this rule will be subject to the procedures set forth in Title III of the Utah Rules of Appellate Procedure. Documents submitted under this rule must conform to the requirements of Rules 27(a) and 27(b) of the Utah Rules of Appellate Procedure.

(c) A party requesting a transcript of the record below will bear the costs. The party obtaining the transcript must file it with the appellate clerk, together with an unsworn declaration establishing the transcriptís chain of custody.

(d) The Supreme Court will conduct a review of the matter on the record.

(e) The party requesting review has the burden of demonstrating that the Committee action was:

(1) based on a determination of fact not supported by substantial evidence when viewed in light of the whole record before the Court;

(2) an abuse of discretion;

(3) arbitrary or capricious; or

(4) contrary to Chapter 11, Article 5 of the Supreme Court Rules of Professional Practice.

Effective December 15, 2020