Rule 14-517. Additional rules of procedure.
(a) Governing rules. Except as otherwise provided in thisarticle, the Utah Rules of Civil Procedure, the Utah Rules of AppellateProcedure governing civil appeals, and the Utah Rules of Evidence apply informal discipline actions and disability actions.
(b) Standard of proof. Formal complaints of misconduct, petitionsfor reinstatement and readmission, and petitions for transfer to and fromdisability status shall be established by a preponderance of the evidence.Motions for interim suspension pursuant to Rule 14-518 shall be established byclear and convincing evidence.
(c) Burden of proof. The burden of proof in proceedings seekingdiscipline or transfer to disability status is on the OPC. The burden of proof inproceedings seeking a reversal of a screening panel recommendation ofdiscipline, or seeking reinstatement, readmission, or transfer from disabilitystatus is on the respondent.
(d) Related pending litigation. Upon a showing of good cause, aformal action or a disability proceeding may be stayed because of substantialsimilarity to the material allegations of a pending criminal, civil, ordisciplinary action.
(e) The complainant's actions. Neither unwillingness ofthe complainant to prosecute an informal or formal complaint, nor settlement orcompromise between the complainant and the respondent, nor restitution by therespondent shall, in and of itself, justify abatement of disciplinaryproceedings.
(f) Informal and formal complaints against OPC counsel, Committeemembers, the Board or lawyers employed by the Utah State Bar.? An informal complaint filed against OPCcounsel, members of the Committee, a lawyer employed by the Utah State Bar, ora member of the Board shall be assigned by the Chair to a screening panel. Thechair of the assigned panel shall review the informal complaint and additionalmaterial, if any, that the screening panel chair asks the respondent toprovide. An informal complaint which, upon consideration of all factors, isdetermined by the screening panel chair to be frivolous, unintelligible, barredby the statute of limitations, is being or should have been addressed inanother more appropriate forum, unsupported by fact or which does not raiseprobable cause of any unprofessional conduct, shall be dismissedwithout hearing by a screening panel. The chair of the screening panel shallnotify the complainant of the dismissal stating the reasons therefor. Thecomplainant may appeal a dismissal by the chair of the screening panel to theCommittee chair within 15 days after notification of the dismissal is mailed.Upon appeal, the Committee chair shall conduct a de novo review of the file,and either affirm or reverse the dismissal. If the screening panel chairdetermines not to dismiss the complaint, or the Committee chair reverses thedismissal on appeal, the Committee chair shall request that the Supreme Courtappoint a special counsel to present the case, and if necessary, a specialscreening panel. In all other respects, the matter shall proceed in accordancewith this article. Special counsel shall be a lawyer outside of the OPCappointed by the Supreme Court to act as counsel for investigation andprosecution of the disciplinary complaint. Special counsel shall notify OPCcounsel of the results of the investigation.
Effective May 1, 2017