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Rule 11-501. Oversight Committee for the Officeof Professional Conduct

Intent:

Toestablish an oversight committee for the Office of Professional Conduct (?OPC?).

To establish amethod for appointing committee members, membership terms, a meeting schedule,and committee purposes and responsibilities.

Applicability:????????????????????????????

Thisrule shall apply to the Oversight Committee for the Office of Professional Conduct.

Statement of the Rule:

(1) Establishment. The Oversight Committeefor the Office of Professional Conduct is established as a committee of theUtah Supreme Court.

(1)(A) Composition.

(1)(A)(i) TheCommittee shall consist of five voting members, at least one of whom is a judge;one a member of the public; and one a past chair or past vice-chair of theEthics and Discipline Committee. At least one of the members shall have anaccounting background.

(1)(A)(ii) The Executive Director of the UtahState Bar shall be an ex-officio, non-voting member of the Committee.

(1)(B) Appointmentand member roles. Committee members shall be appointed by the Utah SupremeCourt and may serve up to two staggered four-year terms. The Supreme Court shallselect a chair from among the Committee?s members. Committee members shall serveas officers of the court and not as representatives of any client, employer, orother organization or interest group. At the first meeting of the Committee inany calendar year, and at every meeting at which a new member of the Committeefirst attends, each Committee member shall briefly disclose the general natureof the member?s legal or other practice.

(1)(C) Vacancies.In the event of a vacancy on the Committee, the Supreme Court shall appoint anew Committee member to serve for the remainder of the unexpired term.

(1)(D) Absences.In the event that a Committee member fails to attend two consecutive Committeemeetings, the chair may notify the Supreme Court of those absences and may requestthat the Supreme Court replace that Committee member.?

(1)(E) Administrativesupport. The Administrative Office of the Courts shall coordinate administrativesupport to the Committee.

(2) Oversight committee purpose,responsibilities, and authority.

(2)(A) Purpose of the Committee. The purpose of the Committee is to assistthe OPC in implementing the reforms to the attorney discipline process adoptedby the Utah Supreme Court and to provide oversight for the OPC.?

(2)(B) Committeeresponsibilities. The following comprise the Committee?s responsibilities:

(2)(B)(i) Develop andimplement realistic performance metrics and conduct annual evaluations of OPC andits Chief Disciplinary Counsel;

(2)(B)(ii) Develop a budget for the OPC and annuallysubmit the budget by May 1 to the Utah Supreme Court and to the Utah State Bar;

(2)(B)(iii) Conduct a needs assessment for the OPC,setting forth a three- to five-year funding plan for the disciplinary process,including technology and staffing needs;

(2)(B)(iv) Annually, in conjunction with OPC ChiefDisciplinary Counsel and the Chair of the Ethics and Discipline Committee,report to the Court regarding the operations of the OPC and the generalstanding of disciplinary matters and procedures; and ?

(2)(B)(v) Develop formal policies for the OPC, includingrecords retention policies.

(2)(C) Authority.The Committee does not have authority to interfere with the prosecutorialindependence of the OPC, but is granted access to confidential information asnecessary to carry out its duties.

(3) Meeting schedule. The Committee shallmeet as often as necessary to accomplish its purposes but at least annually.

 

Effective March4, 2019 pursuant to Rule 11-105(5)