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Rule 14-503. Ethics and Discipline Committee.

(a) Composition. The Committee shall be appointed by the SupremeCourt. The Committee shall consist of eight public members and 29 members ofthe Bar who have demonstrated a high standard of professional conduct. Allappointments shall be for a term of three years. The Supreme Court shalldesignate one lawyer member as Committee chair and four lawyer members asCommittee vice chairs.

(b) Committee chair. The Committee chair shall supervise theCommittee and screening panels. The chair is responsible to maintain anadequate check on the work of the screening panels to ensure that matters moveforward expeditiously, to determine that screening panels have a uniform basisfor the judgments rendered, and to provide the screening panels withinformation concerning ethics and judicial decisions necessary to theiractivities. The chair shall make recommendations to the Supreme Court concerningappointments to and removals from the screening panels and reports concerningthe activities of the screening panels and the overall work of the Committee.

(c) Vice chairs. The Committee vice chairs shall act in the eventof the chair's absence or resignation. In the event of the chair?s absence orresignation, a vice chair will become the chair. The chair may call upon anyvice chair to assist in any of the Committee chair's duties.

(d) Screening panels, quorums. The Committee members, except forthe Committee chair and Committee vice chairs, shall be divided into fourscreening panel sections of six members of the Bar and two public members. TheSupreme Court shall name a chair and vice chair for each screening panel. Thechair or, in the absence of the chair, the vice chair shall preside over thescreening panel hearings. The panel chair may call upon the vice chair toassist in any of the panel chair's duties. Chairs or vice chairs from otherpanels may conduct hearings if the regular chair and vice chair are unable toattend. In the event of the chair's removal or resignation, the vice chair willbecome the chair, and the Court shall appoint a member of theCommittee to serve as vice chair. Two members of the Bar plus one public membershall constitute a quorum of a screening panel. The concurrence of a majorityof those members present and voting at any proceeding shall be required for ascreening panel determination. If an even number of screening panel membersparticipate in a proceeding, the chair or vice chair shall not vote unlessnecessary to break a tie. The chair or vice chair shall, however, fullyparticipate in the proceeding. Each screening panel shall meet as is necessaryto effectively and promptly carry out its duties. The entire Committee may beconvened at such other times by the chair as necessary to effectively andpromptly carry out its duties.

(e) Removal, alternates. The Committee chair mayrecommend removal 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 randomlyassigned to screening panels. The screening panels shall review, investigate,and hear all informal complaints charging unethical and/or unprofessionalconduct against members of the Bar. After such review, investigation, hearingand analysis, the screening panels shall determine the action to be taken onany informal complaint which, based upon the facts of the particular case, ismost consistent with the public interest and the Rules of Professional Conduct.

(g) Subpoena. Any party or a screening panel, for good causeshown, may petition under seal the district court for issuance of a subpoena,subpoena duces tecum orany order allowing discovery prior to the filing of a formal complaint. Exceptfor good cause shown, all petitions under this rule shall require a five-daywritten notice to the opposing party prior to the issuance of an appropriateorder of subpoena.

(g)(1) Enforcement of subpoena. A district court in the districtin which the attendance or production is required may, upon proper application,enforce the attendance and testimony of any witnesses and the production of anydocuments subpoenaed.

(g)(2) Quashing subpoena. Any attack on the validity of a subpoenaso issued shall be heard and determined by the Committee chair or by the courtwherein enforcement of the subpoena is being sought. Any resulting order is notappealable prior to the entry of a final order in the proceeding.

(g)(3) Witnesses and fees. Subpoena fees, witness fees, andmileage shall be reimbursed in the amounts provided under Rule 45 of the UtahRules of Civil Procedure.

(h)(1) Clerk of the Committee. The Clerk of the Committee isresponsible for the administrative affairs of the Committee, acceptingdocuments filed with the committee, handling  screening panelcalendars, giving notice to  persons whose attendance is requested,notifying those who have filed informal complaints of the times and dates theirmatters will be heard, notifying the complainant, the respondent, and anycounsel of record of the disposition of each matter, and otherwise performingor providing the secretarial and administrative functions of the Committee andscreening panels. The Clerk is subject to confidentiality requirements of Rule14-515. Except as otherwise provided in this article, whenever OPC counsel maybe present before a screening panel during a hearing, the respondent may alsobe present.

(h)(2) OPC counsel shall within three months after the filing ofan informal complaint of unprofessional or unethical conduct of arespondent, advise the party making theinformal complaint concerning the initial consideration of the informalcomplaint, and shall promptly advise such party in writing of the subsequentdisposition of the informal complaint and the reasons therefor.

(i) Annual report. Senior counsel shallprepare and submit an annual report to the Supreme Court and the Boardencompassing the scope and nature of the Committee work. The report shall besubmitted on or about August 1 of each year for the preceding fiscal year andshall set forth the number of disciplinary cases investigated, the numberbrought before the Committee, formal complaints filed, dispositions, casesdismissed, informal ethics opinions issued, diversionary dispositions and suchother information as may be helpful to the Supreme Court in comprehending theoperations of the OPC as well as the efficiency and effectiveness of thedisciplinary system. Such report may contain Committee recommendations for ruleamendments or changes in Committee procedure. The chair and senior counselshall annually consult with the Board and the Supreme Court regarding the levelof activity and general standing of disciplinary matters and procedures.

 

Effective July 18, 2018