Rule 11-535. Appealing a final Committeedetermination to the Supreme Court.
(a) Within 28 days after the Committeechair serves a final, written disposition, the Respondent or the OPC may appealthe disposition to the Supreme Court and ask the Court to reverse or modify thefinal Committee disposition. An appeal under this rule is only available incases where exceptions have been filed. Until the time for filing an appealexpires, dissemination of disciplinary information will be automaticallystayed. If a timely appeal is filed, the stay will remain in place pending theSupreme Court?s resolution unless the Court orders otherwise.
(b) An appeal under this rule will besubject to the procedures set forth in Title III of the Utah Rules of AppellateProcedure. Documents submitted under this rule must conform to the requirementsof Rules 27(a) and 27(b) of the Utah Rules of Appellate Procedure.
(c) A party requesting a transcript ofthe record below will bear the costs. The party obtaining the transcript mustfile it with the appellate clerk, together with an unsworn declarationestablishing the transcript?s chain of custody.
(d) The Supreme Court will conduct areview of the matter on the record.
(e) The party requesting review has theburden of demonstrating that the Committee action was:
(1) based on adetermination of fact not supported by substantial evidence when viewed inlight of the whole record before the Court;
(2) an abuse ofdiscretion;
(3) arbitraryor capricious; or
(4) contrary to Chapter 11,Article 5 of the Supreme Court Rules of Professional Practice.