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Rule14-303. Professionalism and Civility Counseling.

(a)Professionalism and Civility Counseling Board.

(a)(1) Composition.Members of the Board shall be appointed by the Supreme Court. The Board shallconsist of seven Bar members. Appointments shall bebased on stature in the legal community and experience in legal professionalismand civility matters.

(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)(B) Members shall be appointed to serve staggered four-yearterms. In the event of a mid-term vacancy, the Supreme Court shall appoint anew member to serve for the remainder of the term. No member may serve morethan two full consecutive terms on the committee unless appointed by theSupreme Court as the committee chair. ?

(a)(1)(C) The UtahSupreme Court will appoint one of the Board members as chair.

(a)(2) Authority and Responsibility. The Boardshall have authority to:

(a)(2)(A) receive, evaluate, address, and resolve complaints made byBar members and judges concerning Bar members? professionalism and civility;

(a)(2)(B) counsel Bar members in response to complaints by other Barmembers, referrals from judges, or OPC counsel;

(a)(2)(C) counsel Bar members who request advice on their ownobligations under the Standards;

(a)(2)(D) provide CLE and otherwise educate Bar members on theStandards; and

(a)(2)(E) publish advice and information relating to the work of theBoard.

(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)(2)(A) the name of and contact information for the respondent andcomplainant;

(b)(2)(B) a description of the conduct that is the subject of thecomplaint; and

(b)(2)(C) complainant?s signature.

(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) Procedure.

(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)(1)(A) issuing a written advisory to the lawyers involved, withreference to applicable Standards and a copy of the written advisory, includingidentifying information, provided to the lawyers involved in the matter and, atthe Board?s discretion, to OPC counsel. The Board may also provide a copy ofthe written advisory to supervisors, employers, or agencies whose lawyers havebeen the subject of a complaint;

(d)(1)(B) conducting a personal meeting with the lawyer or lawyers andthe Board;

(d)(1)(C) counseling the Board provides by telephone or other means;or

(d)(1)(D) terminating a proceeding it believes has been initiated orutilized in bad faith or for an improper purpose.

(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 Bar members and the public, but may not identify names oruniquely identifying facts. A disclosure may be made through publication orother means of public dissemination, including CLE presentations or posting toa webpage, and should include a sufficient description of the conduct at issueto convey the basis for the Board?s advice.

(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