(a) Commencing an Action. If the screening panel finds probable cause to believe there are grounds for public discipline that merit filing an Action, the OPC will file an Action in district court. The Committee chair must be given notice of the screening panel recommendation and a copy of the pleadings.
(b) Venue. The Action must be brought:
(1) in the county in which an alleged offense occurred; or
(2) in the county where the Respondent resides, practices law, or last practiced law in Utah; provided, however, that if the Respondent is not a resident of Utah and the alleged offense is not committed in Utah, the Action must be brought in a county designated by the Chief Justice of the Supreme Court.
(c) Style of proceedings. All proceedings instituted by the OPC must be styled: “In the Matter of the Discipline of (Respondent’s name and Bar number), Respondent.”
(d) Actions tried to the bench; findings and conclusions. All Actions tried according to this article will be tried to the bench, and the district court will enter findings of fact and conclusions of law. Neither masters nor commissioners may be used.
(e) Sanctions hearing. If the district court finds misconduct, it will hold a hearing to receive relevant evidence in aggravation and mitigation, and will enter an order sanctioning the Respondent. Upon reasonable notice to the parties, the court, at its discretion, may hold the sanctions hearing immediately after the misconduct proceeding.
(f) Review. Either the OPC or the Respondent may appeal the discipline order to the Supreme Court.
Effective December 15, 2020