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Rule 14-715

Rule 14-715. Requests forReview.

(a) Request for Review. A requestfor review of a final decision, along with the prescribed filing fee, must befiled with the Bar in writing within 10 calendar days of the date on thewritten notice of the decision. The request for review shall be addressed tothe Admissions Committee and contain a short and plain statement of the reasonsthat the Applicant is entitled to relief.?Any of the following decisions qualify as final and are thereforesubject to appeal:

 

(a)(1) a decision issued by theTest Accommodations Committee in accordance with Rule 14-706(a);

 

(a)(2) a decision issued by theCharacter and Fitness Committee after a formal hearing in accordance with Rule14-708(c)(4);

 

(a)(3) a decision denying anapplication in accordance with Rule 14-709(a).

 

(b) Rule waivers. The review panel does not have authorityto waive admission rules.

 

(c) Burden of Proof. The Applicant bears the burden of proofby clear and convincing evidence. Harmless error does not constitute a basis toset aside the decision. On appeal, the decision may be affirmed, modified, orreversed. The decision, whether based on testimony or documentary evidence,shall not be set aside unless clearly erroneous, and deference shall be givento those making the decision to judge the credibility of witnesses.

 

(d) Review process. An Applicant?s appearance at the reviewwill only be permitted if deemed necessary.?The review will be a closed proceeding and will be limited toconsideration of the record, the Applicant?s memorandum, and the Bar?sresponsive memorandum, if any. Requests for review setting forth common issuesmay be consolidated in whole or in part. After thecompletion of the review, a written decision shall be issued.

 

(d)(1) Payment of Transcript. An Applicant appealing adecision of the Character and Fitness Committee issued after a formal hearingis responsible for paying for and submitting a duly certified copy of thetranscript of the formal hearing proceedings or other electronic record copymade by means acceptable in the courts of Utah.????

 

(d)(2) Memoranda. After filing a written request for review,an Applicant must file a written memorandum citing to the record to show thatthe evidence does not support the decision. The issues in the memorandum mustbe limited to matters contained in the record. The review panel will notconsider issues raised for the first time in the request for review. Thememorandum must be filed within 30 calendar days of the filing of the requestfor review. The Bar may file a response, but no reply memorandum will bepermitted.

 

(e) Supreme Court appeal. Within 30 calendar days of thedate on the panel?s written decision, the Applicant may appeal to the SupremeCourt by filing a notice of appeal with the clerk of the Supreme Court andserving a copy upon the General Counsel for the Bar.?? At the time of filing the notice of appeal,the Applicant shall pay the prescribed filing fee to the clerk of the SupremeCourt. The clerk will not accept a notice of appeal unless the filing fee ispaid.

 

(e)(1) Record of proceedings. A record of the proceedingsshall be prepared by the Bar and shall be filed with the clerk of the SupremeCourt within 21 calendar days following the filing of the notice of appeal.

 

(e)(2) Appeal petition. An appeal petition shall be filedwith the Supreme Court 30 calendar days after a record of the proceedings hasbeen filed with the Supreme Court.? Theappeal petition shall state the name of the petitioner and shall designate theBar as respondent. The appeal petition must contain the following:

 

(e)(2)(A) a statement of the issuespresented and the relief sought;

 

(e)(2)(B) a statement of the factsnecessary to an understanding of the issues presented by the appeal;

 

(e)(2)(C) the legal argumentsupporting the petitioner?s request; and

 

(e)(2)(D) a certificate reflectingservice of the appeal petition upon the General Counsel.

 

(e)(3) Format of appeal and response petitions. Except bypermission of the Court, the appeal petition and the Bar?s response shallcontain no more than 14,000 words or, if it usesa monospaced face, it shall contain no morethan 1,300 lines of text.??

 

(e)(4) Response petition. Within 30 calendar days afterservice of the appeal petition on the Bar, the Bar, as respondent, shall fileits response with the clerk of the Supreme Court. At the time of filing a copyof the response shall be served upon the petitioner.? No reply memorandum will be permitted.

 

(e)(5) The clerk of the Supreme Court will notify theparties if any additional briefing or oral argument is permitted. Upon entry ofthe Supreme Court?s decision, the clerk shall give notice of the decision.?

Effective Date May 1, 2016