Rule 14-503. Ethicsand Discipline Committee.
(a)Composition. The Committee shall be appointed by the Supreme Court. TheCommittee shall consist of eight public members and 28 members of the Bar whohave demonstrated a high standard of professional conduct. All appointmentsshall be for a term of three years. The Supreme Court shall designate onelawyer member as Committee chair and three lawyer members as Committee vicechairs.
(b)Committee chair. The Committee chair shall supervise the Committee andscreening panels. The chair is responsible to maintain an adequate check on thework of the screening panels to ensure that matters move forward expeditiously,to determine that screening panels have a uniform basis for the judgmentsrendered, and to provide the screening panels with information concerningethics and judicial decisions necessary to their activities. The chair shallmake recommendations to the Supreme Court concerning appointments to andremovals from the screening panels and reports concerning the activities of thescreening panels and the overall work of the Committee.
(c)Vice chairs. The Committee vice chairs shall act in the event of the chair'sabsence or resignation. In the event of the chair?s absence or resignation, avice chair will become the chair. The chair may call upon any vice chair toassist in any of the Committee chair's duties.
(d)Screening panels, quorums. The Committee members, except for the Committeechair and Committee vice chairs, shall be divided into four screening panelsections of six members of the Bar and two public members. The Supreme Courtshall name a chair and vice chair for each screening panel. The chair or, inthe absence of the chair, the vice chair shall preside over the screening panelhearings.The panel chair may call upon the vice chair to assist in any of the panelchair's duties. Chairs or vice chairs from other panels may conduct hearings ifthe regular chair and vice chair are unable to attend. In the event of thechair's removal or resignation, the vice chair will become the chair, and theCourt shall appoint a member of the Committee to serveas vice chair. Two members of the Bar plus one public member shall constitute aquorum of a screening panel. The concurrence of a majority of those memberspresent and voting at any proceeding shall be required for a screening paneldetermination. If an even number of screening panel members participate in aproceeding, the chair or vice chair shall not vote unless necessary to break atie. The chair or vice chair shall, however, fully participate in theproceeding. Each screening panel shall meet as is necessary to effectively andpromptly carry out its duties. The entire Committee may be convened at suchother times by the chair as necessary to effectively and promptly carry out itsduties.
(e)Removal, alternates. The Committee chair may recommendremoval of a Committee member by notifying the Supreme Court of therecommendation of removal and reasons for the recommendation. The removal shalltake effect upon the Supreme Court?s acceptance of the recommendation. Membersof any screening panel may serve as alternate members on different screeningpanels. The Committee chair and the Committee vice chairs may serve asalternate members on all screening panels.
(f)Responsibilities. Informal complaints shall be randomly assigned to screeningpanels. The screening panels shall review, investigate, and hear all informalcomplaints charging unethical and/or unprofessional conduct against members ofthe Bar. After such review, investigation, hearing and analysis, the screeningpanels shall determine the action to be taken on any informal complaint which,based upon the facts of the particular case, is most consistent with the publicinterest and the Rules of Professional Conduct.
(g)Subpoena. Any party or a screening panel, for good cause shown, may petitionunder seal the district court for issuance of a subpoena, subpoena duces tecum or any order allowingdiscovery prior to the filing of a formal complaint. Except for good causeshown, all petitions under this rule shall require a five-day written notice tothe opposing party prior to the issuance of an appropriate order of subpoena.
(g)(1)Enforcement of subpoena. A district court in the district in which theattendance or production is required may, upon proper application, enforce theattendance and testimony of any witnesses and the production of any documentssubpoenaed.
(g)(2)Quashing subpoena. Any attack on the validity of a subpoena so issued shall beheard and determined by the Committee chair or by the court wherein enforcementof the subpoena is being sought. Any resulting order is not appealable prior tothe entry of a final order in the proceeding.
(g)(3)Witnesses and fees. Subpoena fees, witness fees, and mileage shall bereimbursed in the amounts provided under Rule 45 of the Utah Rules of CivilProcedure.
(h)(1)Clerk of the Committee. The Clerk of the Committee is responsible for theadministrative affairs of the Committee, accepting documents filed with thecommittee, handling ?screening panelcalendars, giving notice to ?persons whoseattendance is requested, notifying those who have filed informal complaints ofthe times and dates their matters will be heard, notifying the complainant, therespondent, and any counsel of record of the disposition of each matter, andotherwise performing or providing the secretarial and administrative functionsof the Committee and screening panels. The Clerk is subject to confidentialityrequirements of Rule 14-515. Except as otherwise provided in this article,whenever OPC counsel may be present before a screening panel during a hearing,the respondent may also be present.
(h)(2)OPC counsel shall within three months after the filing of an informal complaintof unprofessional or unethical conduct of a respondent, advisethe party making the informal complaint concerning the initial consideration ofthe informal complaint, and shall promptly advise such party in writing of thesubsequent disposition of the informal complaint and the reasons therefor.
(i)Annual report. Senior counsel shall prepare and submit an annual report to theSupreme Court and the Board encompassing the scope and nature of the Committeework. The report shall be submitted on or about August 1 of each year for thepreceding fiscal year and shall set forth the number of disciplinary casesinvestigated, the number brought before the Committee, formal complaints filed,dispositions, cases dismissed, informal ethics opinions issued, diversionarydispositions and such other information as may be helpful to the Supreme Courtin comprehending the operations of the OPC as well as the efficiency andeffectiveness of the disciplinary system. Such report may contain Committee recommendationsfor rule amendments or changes in Committee procedure. The chair and seniorcounsel shall annually consult with the Board and the Supreme Court regardingthe level of activity and general standing of disciplinary matters andprocedures.