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Rule 3-401.? Officeof General Counsel.

Intent:

To establish the office of General Counselwithin the Administrative Office.

To identify the office of General Counselas the primary authority for coordinating the provision of legal services tothe judiciary.

To establish uniform procedures governingthe provision of legal services to the judiciary.

To define the relationship between theoffice of General Counsel and the Office of the Attorney General.

Applicability:

This rule shall apply to the judiciary.

Statement of the Rule:

(1)       Establishmentof office of general counsel. The office of General Counsel is establishedwithin the Administrative Office to provide legal services to the judiciary.

(2)       Responsibility.The office of General Counsel shall have primary responsibility for providingthe following legal services:

(2)(A)       informaladvice and counsel;

(2)(B)       writtenopinions;

(2)(C)       legislativedrafting;

(2)(D)       legalrepresentation in administrative and judicial proceedings where the claimant isseeking declaratory, injunctive, or extraordinary relief or where riskmanagement coverage is not provided;

(2)(E)       negotiation,drafting, and review of contracts and leases;

(2)(F)       consultation,drafting, and review of judicial policies and procedures;

(2)(G)      staffsupport to committees established by the Council and the Supreme Court; and

(2)(H)       coordination of, and arrangement for, legal representationby the Attorney General's Office or outside counsel in appropriate cases.

(3)       Protocolfor requesting legal assistance.

(3)(A)       Courtsof record.

(3)(A)(i)       Non-judicialofficers and employees of the state.

(3)(A)(i)(a)        All requests for legal assistance, other thanrequests for informal advice or counsel, shall be in writing and directed tothe appropriate state level administrator, who shall refer appropriate requeststo the office of General Counsel.

(3)(A)(i)(b)        All requests for legal representation andindemnification shall be made in writing by the employee or officer who isnamed as a defendant. The request shall be made within ten days of service anddirected to the office of General Counsel. A copy of the request shall be sentby the individual officer or employee to the Office of the Attorney General atthat time. General Counsel shall be responsible for coordinating the legalrepresentation of non-judicial officers and employees with the AttorneyGeneral's Office.

(3)(A)(ii)      Judicialofficers.

(3)(A)(ii)(a)       All requests for legal assistance from judicialofficers, other than requests for informal advice or counsel, shall be inwriting and directed to General Counsel.

(3)(A)(ii)(b)       All requests for legal representation andindemnification shall be made by the judicial officer who is named as adefendant. The request shall be made within ten days of service and directed toGeneral Counsel. General Counsel shall be responsible for coordinating thelegal representation of judicial officers with the Attorney General's Office.

(3)(B)       Courtsnot of record.

(3)(B)(i)       Allrequests for legal assistance, representation and indemnification shall be madein writing by the officer or employee seeking assistance and directed to theappropriate governmental entity.

(3)(C)       Judicialcouncil, boards of judges, committees and task forces.

(3)(C)(i)       Allrequests for legal assistance from the Council, the Boards, committees or taskforces established by the Council or the Supreme Court shall be in writing anddirected to General Counsel from the presiding officer of the Council, Board,committee or task force.

(4)       Relationshipto attorney general's office. The provision of legal services to thejudiciary by the Office of General Counsel and the Office of the AttorneyGeneral shall be governed by this rule and Utah Code section 63G-7-901.

Effective November 1, 2018