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Rule14-511. Proceedings subsequent to finding of probable cause.

(a) Commencement of action. If the screeningpanel finds probable cause to believe that there are grounds for publicdiscipline and that a formal complaint is merited, OPC counsel shall prepareand file with the district court a formal complaint setting forth in plain andconcise language the facts upon which the charge of unprofessional conduct isbased and the applicable provisions of the Rules of Professional Conduct. Theformal complaint shall be signed by the Committee chair or, in the chair'sabsence, by the Committee vice chair or a screening panel chair designated bythe Committee chair.

(b) Venue. The action shall be brought andthe trial shall be held in the county in which an alleged offense occurred orin the county where the respondent resides or practices law or last practicedlaw in Utah; provided, however, that if the respondent is not a resident ofUtah and the alleged offense is not committed in Utah, the trial shall be heldin a county designated by the Chief Justice of the Supreme Court. The partiesmay stipulate to a change of venue in accordance with applicable law.

(c) Style of proceedings. All proceedingsinstituted by the OPC shall be styled "In the Matter of the Discipline of(name of respondent and respondent's Bar number), Respondent."

(d) Change of judge as a matter of right.

(d)(1) Notice of change. The respondent orOPC counsel may, by filing a notice indicating thename of the assigned judge, the date on which the formal complaint was filed,and that a good faith effort has been made to serve all parties, change thejudge assigned to the case. The notice shall not specify any reason for thechange of judge. The party filing the notice shall send a copy of the notice tothe assigned judge and to the presiding judge. The party filing the notice mayrequest reassignment to another district court judge from the same district,which request shall be granted. Under no circumstances shall more than onechange of judge be allowed to each party under this rule.

(d)(2) Time. Unless extended by the courtupon a showing of good cause, the notice must be filed within 30 days aftercommencement of the action or prior to the notice of trial setting, whicheveroccurs first. Failure to file a timely notice precludes any change of judgeunder this rule.

(d)(3) Assignment of action. Upon the filingof a notice of change, the assigned judge shall take no further action in thecase. The presiding judge shall promptly determine whether the notice is properand, if so, shall reassign the action. If the presiding judge is also theassigned judge, the clerk shall promptly send the notice to the Chief Justiceof the Supreme Court, who shall determine whether the notice is proper and, ifso, shall reassign the action.

(d)(4) Rule 63 and Rule 63A unaffected. Thisrule does not affect any rights a party may have pursuant to Rule 63 or Rule63A of the Utah Rules of Civil Procedure.

(e) Actions tried to the bench; findings andconclusions. All actions tried according to this article shall be tried to the bench, and the district court shall enterfindings of fact and conclusions of law. Neither masters nor commissionersshall be utilized.

(f) Sanctions hearing. Upon a finding ofmisconduct and as soon as reasonably practicable, within a target date of notmore than 30 days after the district court enters its findings of fact andconclusions of law, it shall hold a hearing to receive relevant evidence inaggravation and mitigation, and shall within five days thereafter, enter anorder sanctioning the respondent. Upon reasonable notice to the parties, thecourt, at its discretion, may hold the sanctions hearing immediately after themisconduct proceeding.

(g) Review. Any discipline order by thedistrict court may be reviewed by the Supreme Court through a petition forreview pursuant to the Utah Rules of Appellate Procedure.