(a) Appointment andqualifications. The Supreme Court will appoint a Lawyer licensed topractice in Utah to serve as Chief Disciplinary Counsel. Neither the ChiefDisciplinary Counsel nor any full-time assistant disciplinary counsel mayengage in the private practice of law for payment.
(b) Chief Disciplinary Counselresponsibilities.The Chief Disciplinary Counsel serves at the pleasure of the Utah Supreme Courtand has the following responsibilities:
(1) Hire and manage OPC Counsel and staff to ensurequality investigations, discipline, and sanctions.
(2) Develop the budget for Oversight Committeeapproval.
(3) Monitor and report to the Oversight Committeeregarding the OPC?s operations and the efficiency and effectiveness of thedisciplinary system.
(4) Prepare and submit an annual report to theOversight Committee and Supreme Court on or about February 1 of each year forthe preceding calendar year.
(A) The report must include:
(i) the numberof disciplinary cases investigated;
(ii) the number ofdisciplinary cases brought before the Committee;
(iii) Actions filed;
(iv) dispositions,including diversionary dispositions;
(vi) case agingstatistics;
(vii) informalethics advisory opinions issued by the Bar; and
(viii) such otherinformation as may be helpful to the Supreme Court in understanding the OPC?soperations and the efficiency and effectiveness of the disciplinary system.
(B) Such report may contain recommendations for ruleamendments or changes in the OPC or Ethics and Discipline Committee procedure.The Oversight Committee may amend the report before releasing it to the SupremeCourt.
(c) OPC Counsel.
(1) Qualification and responsibilities. OPC Counselmust be licensed to practice law in Utah.
(2) OPC Counsel will be selected by the ChiefDisciplinary Counsel. An OPC Counsel is an at-will employee subject todismissal by the Chief Disciplinary Counsel with or without cause.
(d) Disqualification and conflicts ofinterest. In addition to complying with the Rules of Professional Conductregarding successive government and private employment (Rule 1.11 of the Rulesof Professional Conduct), former OPC Counsel may not personally represent aRespondent as to any Complaint or Action within one year after completing theformer OPC Counsel?s service. In addition to the one-year prohibition, formerOPC Counsel may not personally represent a Respondent in any Complaint orAction that the OPC investigated or prosecuted during the term of the formerOPC Counsel?s employment.
EffectiveDecember 15, 2020