Rule 14-504. OPCcounsel.
(a) Appointment and qualifications. The Board shall appoint alawyer admitted to practice in Utah to serve as senior counsel. Neither thesenior counsel nor any full-time assistant counsel shall engage in the privatepractice of law for payment.
(b)Powers and duties. The senior counsel shall perform all prosecutorial functionsand have the following powers and duties, which may be delegated to otherstaff:
(b)(1)screen all information coming to the attention of the OPC to determine whetherit is within the jurisdiction of the OPC in that it relates to misconduct by alawyer or to the incapacity of a lawyer;
(b)(2)investigate all information coming to the attention of the OPC which, if true,would be grounds for discipline or transfer to disability status, andinvestigate all facts pertaining to petitions for reinstatement or readmission;
(b)(3)for each matter not covered in Rule 14-510 brought tothe attention of the OPC:
(b)(3)(B)decline to prosecute;
(b)(3)(C)refer non-frivolous and substantial informalcomplaints to the Committee for hearing; or
(b)(3)(D)petition to the district court for transfer todisability status;
(b)(4)prosecute before the screening panels, the districtcourts, the Supreme Court, and any other courts, including but not limited to,any court of the United States all disciplinary cases and proceedings fortransfer to or from disability status;
(b)(5)attend the Character and Fitness Committee proceedings in all cases forreadmission, and represent the OPC before the district courts, Supreme Court,and any other courts including, but not limited to,any court of the United States in all cases for reinstatement and readmission;
(b)(6)employ or appoint and supervise staff needed for the performance ofprosecutorial functions and delegate such responsibilities as may be reasonablynecessary to perform prosecutorial functions, including supervising attorneyswho provide pro bono services to the Bar, by supervising the practice ofrespondents who have been placed on probation;
(b)(7)notify each jurisdiction in which a respondent is admitted of a transfer todisability status or any public discipline imposed in Utah;
(b)(8)seek reciprocal discipline where appropriate wheninformed of any public discipline imposed by another court, anotherjurisdiction, or a regulatory body having disciplinary jurisdiction;
(b)(9)forward a certified copy of the judgment of conviction to the disciplinaryagency in each jurisdiction in which a lawyer is admitted when the lawyer isconvicted of a crime in Utah which reflects adversely on the lawyer's honesty,trustworthiness or fitness as a lawyer;
(b)(10)maintain permanent records of discipline and disability matters subject to anyexpungement requirements and compile statistics to aid in the administration ofthe system, including but not limited to, a log of all informal complaintsreceived, investigative files, statistical summaries of rules violated anddispositions, any transcripts of proceedings, and other records as the SupremeCourt requires to be maintained;
(b)(11)expunge after seven years all records or other evidence of the existence of anyinformal complaint terminated by dismissal or a declination to prosecute;
(b)(11)(A)Notice to respondent. If the respondent was contacted by the OPC concerning theinformal complaint, or the OPC otherwise knows thatthe respondent is aware of the existence of the informal complaint, therespondent shall be given prompt written notice of the expungement.
(b)(11)(B)Effect of expungement. After a file has beenexpunged, any OPC response to an inquiry requiring a reference to the mattershall state that there is no record of such matter. The respondent may answerany inquiry requiring a reference to an expunged matter by stating that noinformal complaint was made.
(b)(12)provide informal guidance concerning professional conduct to members of the Barrequesting guidance, participate in seminars which will promote ethical conductby the Bar, formulate diversionary programs, monitor probations, anddisseminate disciplinary results to the Bar and the public through the Utah BarJournal and otherwise as appropriate, maintaining the confidentiality ofrespondents subject to private discipline; and
(b)(13)along with the executive director annually formulatethe budget for the OPC and submit the budget to the Board for approval. OPCcounsel may petition the Supreme Court for review of modifications to thebudget imposed by the Board.
(c)Disqualification. In addition to complying with the Rules of ProfessionalConduct regarding successive government and private employment (Rule 1.11 ofthe Rules of Professional Conduct), a former OPC counsel shall not personallyrepresent a lawyer following completion of the OPC counsel's service in anyproceeding as provided in these rules which former OPC counsel investigated orprosecuted during his or her employment by OPC.
(d)Effect of ethics advisory opinions. The OPC shall not prosecute a Utah lawyerfor conduct that is in compliance with an ethics advisory opinion that has notbeen withdrawn at the time of the conduct in question. No court is bound by anethics opinion?s interpretation of the Utah Rules of Professional Conduct.
(d)(1)The OPC may at any time request the Bar's Ethics Advisory Opinion Committee toreview, modify or withdraw an ethics advisory opinion and if so, any OPCinvestigation or prosecution is suspended pending the final outcome of therequest. The Ethics Advisory Opinion Committee may issue a modified opinion,withdraw the opinion or decline to take any action but shall report its actionor recommendation to the Board of Bar Commissioners and the Board will takesuch final action as it deems appropriate.
(d)(2)The OPC may also request the Supreme Court to review, affirm, reverse orotherwise modify an ethics advisory opinion.