Rule 14-103. Organization and management of the Bar.
(a) Qualification for admission.All persons who have been heretofore and all persons who shall hereafter beduly admitted to practice as an attorney at law in Utah, and who are not thesubject of an order of the Supreme Court prior to July 1, 1993, or a districtcourt thereafter which terminates, suspends or restricts the right to practicelaw in Utah, are qualified to be members of the Bar subject to the provisionsof these rules.
(b) Board of Commissioners,number, term and vacancies, powers and duties.
(b)(1) There shall be a Board ofCommissioners of the Bar consisting of no fewer than 13 but no more than 15voting members, including 11 elected lawyers and two non-lawyers appointed bythe Supreme Court. The initial term of office of one of the non-lawyercommissioners shall be for two years. Except as otherwise provided, the term ofoffice of each commissioner shall be three years and until a successor iselected and qualified. If a lawyer vacancy on the Board occurs prior to theexpiration of the completed term of office, the remaining commissioners shall:
(b)(1)(A) conduct a specialelection;
(b)(1)(B) appoint a successorfrom among the active members of the Bar whose business mailing addresses onthe records of the Bar are in the division from which the commissioner waselected, who shall serve until the following annual election; or
(b)(1)(C) fill the vacancythrough the next regular annual election.
(b)(2) If a lawyer vacancy on theBoard is filled by either a special or regular election, the Board mayestablish the term of the successor to be either a one, two or full three-yearterm, provided that there would be not more thanthree but not fewer than two commissioners from the Third Division whose termsexpire in any one year and not more than five but not fewer than fourcommissioners on the Board whose terms expire in any one year.
(b)(3) A President?s unexpired Commissionterm shall be filled in the regular election cycle immediately preceding thetime he or she succeeds to the office of President.
(c) The Board is granted and mayexercise all powers necessary and proper to carry out the duties andresponsibilities of the Bar and the purposes of these rules and shall have allauthority which is not specifically reserved to the Supreme Court. The Courtspecifically reserves the authority to:
(c)(1) approve Bar admission andlicensure fees;
(c)(2) approve all rules andregulations formulated by the Board for admission, professional conduct, clientsecurity fund, fee arbitration, procedures of discipline and disability,legislative activities, unauthorized practice of law, and Bar Examinationreview and appeals; and
(c)(3) establish appropriaterules and regulations governing mandatory continuing legal education.
(d) Territorial divisions. TheFirst Judicial District shall be known as the First Division; the SecondJudicial District shall be known as the Second Division; the Third JudicialDistrict shall be known as the Third Division; the Fourth Judicial Districtshall be known as the Fourth Division; and the Fifth, Sixth, Seventh and EighthJudicial Districts shall be know as the FifthDivision.
(e) Number of lawyercommissioners from each division. There shall be one lawyer member of the Boardfrom each of the divisions, except the Third Division from which there shall beseven lawyer commissioners. No more than one lawyer commissioner from anydivision except from the Third Division, and no more than seven lawyercommissioners from the Third Division, shall serve on the Board at the sametime.
(f) Nomination and eligibility oflawyer commissioners. Lawyers whose business mailing addresses on the recordsof the Bar are in a particular division shall alone have the right to nominatepersons for the office of commissioner from that division. To be eligible forthe office of commissioner in a division, the nominee's business mailingaddress must be in that division as shown by the records of the Bar. Nominationto the office of commissioner shall be by written petition of ten or moremembers of the Bar in good standing. Any number of candidates may be nominatedon a single petition. Nominating petitions shall be provided to the executivedirector within a period to be fixed by the rules made by the Board.
(g) Election of commissioners.
(g)(1)The lawyers on the Boardshall be elected by the vote of the resident active members of the Bar asfollows:
(g)(1)(A) in the year 1983 andevery third year thereafter, one member from the Second Division and twomembers from the Third Division, except that in the year 1983 only, there shallbe four members elected from the Third Division;
(g)(1)(B) in the year 1984 andevery third year thereafter, one member from the First Division and threemembers from the Third Division; and
(g)(1)(C) in the year 1985 andevery third year thereafter, two members from the Third Division and one eachfrom the Fourth and Fifth Divisions.
(g)(2) The candidate from anydivision, and the three or two candidates from the Third Division, receivingthe greatest number of votes of that division shall be the commissioner fromsuch division. For the year 1983, the candidate from the Third Divisionreceiving the fourth greatest number of votes shall be the commissioner for atwo-year term. A member is limited to voting for candidates for commissionerfrom the division in which his or her business mailing address is located asshown by the records of the Bar. The ballots shall be returned to the Baroffices in accordance with its rules. There shall be an annual election by theresident active members of the Bar for the purpose of filling vacancies. TheBoard shall fix the time for holding the annual election and prescribe rulesand regulations in regard thereto not in conflict with this chapter. The Boardshall, in accordance with its rules, give notice of the annual election by mailat least 90 days prior to the date on which ballots will be counted.
(g)(3) Those persons holdingoffice as commissioners at the time of the adoption of these rules or who wereelected under the existing statute will continue in office for the period oftime elected to serve.
(h) Nomination and election ofpresident-elect. The Board shall nominate two lawyers in good standing onactive status to run for the office of president-elect to be elected by thevote of the active members of the Bar. The president and the president-electshall hold office until their successors are elected and seated. A secretaryand such other assistants as the Board may require, may be selected from withinor without the Board to hold office at the pleasure of the Board and to be paidsuch compensation as the Board shall determine.
(i) Officersand organization of Board. The Board shall be organized and authorized toconduct business by the seating of elected commissioners, and a president andpresident-elect of the Bar. The president-elect for the previous year shallautomatically succeed to the office of president. A president and apresident-elect who are not elected commissioners have the authority to vote onmatters brought before the Board. In the event of a tie vote, the matter athand shall fail to pass.
(j) Annual and special meetingsnotice. There shall be an annual meeting of the Bar, presided over by thepresident of the Bar, open to all members in good standing, and held at suchtime and place as the Board may designate, for the discussion of the affairs ofthe Bar and the administration of justice. Special meetings of the Bar may beheld at such times and places as the Board may designate. Notice of allmeetings shall be given by mail to all members of the Bar not fewer than 15days prior to the date of such meeting.
(k) Bylaws. The Board shall havepower to adopt Bylaws, not in conflict with any of the terms of these rules,concerning the selection and tenure of its officers, the creation of sectionsand committees and their powers and duties, and generally for the control and regulationof the business of the Board and of the Bar.