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Rule 11-542. Additional rules of procedure.

(a) Governing rules. Unlessotherwise provided in this article, the Utah Rules of Civil Procedure, UtahRules of Appellate Procedure, and Utah Rules of Evidence apply in Actions.

(b) Standard of proof. Amisconduct Action, petition for reinstatement and relicensure,and petition for transfer to and from disability status will be established bya preponderance of the evidence. A motion for interim discipline under Rule11-563 will also be established by a preponderance of the evidence.

(c) Burden of proof. The OPCcarries the burden of proof in discipline proceedings and transfers todisability status. The Respondent carries the burden of proof in seeking areversal of a screening panel recommendation of discipline, reinstatement, relicensure, or transfer from disability status.

(d) Relatedpending litigation. Either party may request a stay of an Action because ofsubstantial similarity to the material allegations of a pending criminal,civil, or disciplinary Action.

(e) The Complainant?s actions. AnAction will not be abated due to:

(1) the Complainant?sunwillingness to prosecute a Complaint;

(2) settlement or compromise between the Complainantand the Respondent; or

(3) restitution by the Respondent.

(f) Complaints against OPC Counsel, Committeemembers, the Bar Commission, or Lawyers employed by the Bar. The Committeechair will assign a screening panel any Complaint filed against OPC Counsel, aCommittee member, a Bar Commission member, or a Lawyer employed by the UtahState Bar. The assigned panel chair will review the Complaint and anyadditional material that the screening panel chair asks the Respondent toprovide.

(1) A Complaint will be dismissed without hearing bya screening panel if, after considering all factors, the chair determines theComplaint is:

(A) frivolous or unintelligible;

(B) barred by the statute oflimitations;

(C) being or should have been addressed in anothermore appropriate forum; or

(D) unsupported by fact or does not raise probablecause of any unprofessional conduct.

(2) The screening panel chair must notify theComplainant of the dismissal and the reasons for dismissal.

(3) The Complainant may appeal the screening panelchair?s dismissal to the Committee chair within 21 days after notification ofthe dismissal is mailed.

(4) Upon appeal, the Committee chair must conduct ade novo review of the file, and either affirm or reverse the dismissal.

(5) If the screening panel chair determines not todismiss the Complaint, or the Committee chair reverses the dismissal on appeal,the Committee chair must request that the Supreme Court appoint a specialcounsel to present the case, and if necessary, a special screening panel. Inall other respects, the matter will proceed in accordance with this article.Special counsel must be a lawyer outside of the OPC appointed by the SupremeCourt to act as counsel for investigation and prosecution of the Complaint.Special counsel must notify the OPC of the results of the investigation.

Effective December15, 2020