(a)Professionalism and Civility Counseling Board.
(a)(1)(A) At least oneof the appointees shall have transactional experience, and at least one shallhave small-firm or sole-practitioner experience.
(a)(1)(C) The UtahSupreme Court will appoint one of the Board members as chair.
(b) Submissionof Complaints and Questions Regarding Professionalism and Civility.
(b)(1) A Bar member,a judge, or OPC counsel may submit a complaint to the Professionalism andCivility Counseling Board concerning the professionalism or civility of Barmembers. Members of the public may submit a complaint under this provision onlythrough a referral from a judge or OPC counsel.
(b)(2) To submit acomplaint to the Board concerning the conduct of another Barmember, the complainant shall deliver a letter or email to the Board thatcontains:
(b)(3) The Boardshall not consider anonymous complaints or referrals about Barmembers.
(b)(4) Bar membersmay submit questions or requests for counseling concerning the member?s ownconduct. These need not be in writing, but may be made by telephone or personalvisit with members of the Board.
(b)(5) Submission ofa complaint from a judge may be made by telephone. A judge's submission of acomplaint does not independently form the basis for disqualification of thejudge.
(b)(6) Lawyers filingcomplaints or seeking the assistance of the Board shall do so only in goodfaith and not for the purposes of harassment or to attain a strategic ortactical advantage.
(c)(1) The Board may developits own procedures based on the purposes of this Rule and the Board?sexperience. Adherence to formal rules of procedure or evidence is not required.The Board may address a complaint or referral by whatever means it determines tobe best.
(c)(2) When the Boarddeems it appropriate, matters may be addressed by panels of three Board members.
(c)(3) Within 30 daysof receipt of a complaint or referral, the Board shall notify the complainantthat the complaint or referral has been received and may indicate the manner inwhich the Board intends to address the issue and the general timing that isanticipated.
(c)(4) Except asauthorized by this rule or Rule 14-515(a)(4), thecontents of statements, communications or opinions made by any participantshall be kept confidential.
(c)(5) Board membersmay communicate freely and directly with lawyers, judges, OPC counsel, clients,or other witnesses involved in the matter concerning the relevant facts and theapplication or interpretation of the Standards.
(c)(6)The Board may informthe respondent of relevant factual assertions that the Board may address and includea copy of the complaint or written referral. The Board may also investigateunderlying facts or counsel lawyers by reference to facts or assertions learnedin the process of its efforts.
(c)(7) Any failure orrefusal by the respondent to respond to a request or instruction from the Boardmay result in the Board reporting such failure or refusal to OPC counsel, whichmay result in a referral to OPC for possible violations of the Rules ofProfessional Conduct.??????
(d) Resolutionand Written Advisories.
(d)(1) The Board mayresolve a matter as it deems appropriate, including by:
(d)(2) When a matterhas come to the Board from a judicial referral, the Board shall, uponresolution of the matter, report to the judge the manner in which the matterwas resolved, including, where applicable, a copy of the written advisory.
(e) Publicationand Reporting.
(e)(1) The Board may disclosethe general nature of matters that come before it for the benefit of
(e)(2) The Boardshall report annually to the Supreme Court its operations for the year, theStandards it has interpreted, the advice and counseling it has given and anytrends it believes important for the Supreme Court to be informed about. Itshould also make suggestions to the Supreme Court as to possible changes to theStandards.
(e)(3) The Boardshall periodically publish summaries or selected portions of its written advisoriesin the Utah Bar Journal for the benefit of Bar members.Published written advisories shall not include the names or uniquelyidentifying facts such as the parties to a proceeding. The Board shall alsomaintain a public webpage under the auspices of the Supreme Court or the Barthat provides a database of the advisories transmitted to the Utah Bar Journalfor publication.
Effective May 15,2019