(a) Duty to notify the OPC of discipline or transfer todisability inactive status. When another court, jurisdiction, or regulatorybody having disciplinary jurisdiction publicly disciplines or transfers todisability inactive status a Lawyer licensed to practice in Utah, such Lawyermust inform the OPC of the discipline or transfer within 28 days. If the OPCreceives notification from any source that a Lawyer within the Supreme Court?sjurisdiction has been publicly disciplined or transferred to disabilityinactive status by any other jurisdiction, the OPC must obtain a certified copyof the disciplinary order.
(b) Serving notice on Lawyer. On receiving a certified copyof an order demonstrating that a Lawyer licensed to practice in Utah has beenpublicly disciplined or transferred to disability inactive status by anothercourt, jurisdiction, or regulatory body having disciplinary jurisdiction, theOPC will issue a notice directed to the Lawyer containing:
(2) a notice giving the Lawyer the right to inform the OPC, within28 days from service of the notice, of any claim by the Lawyer predicated onthe grounds set forth in paragraph (d), that imposing discipline or transfer inUtah would be unwarranted and stating the reasons for that claim.
(c) Effect of stay of discipline in another jurisdiction.If the discipline or transfer imposed in the other court, jurisdiction, orregulatory body has been stayed, any reciprocal discipline or transfer imposedin Utah will be deferred until the stay expires.
(d) Discipline to be imposed.
(1) After 28 days from service of the notice under paragraph (b),the district court will take such action as may be appropriate to cause thediscipline or transfer to be imposed in this jurisdiction, unless it clearlyappears on the face of the record from which the discipline or transfer ispredicated that:
(A) the procedure was so lacking in notice or opportunity to beheard as to constitute a deprivation of due process;
(B) imposing discipline would result in grave injustice;
(C) the misconduct warrants substantially different discipline inUtah or is not misconduct in this jurisdiction; or
(D) the reason for the original transfer to disability inactivestatus no longer exists.
(2) If the district court determines that any of these elementsexist, it will enter such other order as it deems appropriate. The burden is onthe Lawyer seeking different discipline or transfer to demonstrate thatimposing discipline or transfer is not appropriate.
(e) Other jurisdictions? final adjudications. Except asprovided in paragraphs (c) and (d) above, a Respondent who has been foundguilty of misconduct or is transferred to disability inactive status in a finaladjudication of another court, jurisdiction, or regulatory body will establishconclusively the misconduct or the disability for purposes of a disciplinary ordisability proceeding in Utah.
Effective December 15,2020