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Rule 14-715. Requests for Review.

(a) Request for Review. A request for review of a finaldecision, along with the prescribed filing fee, must be filed with the Bar inwriting within 10 calendar days of the date on the written notice of thedecision. The request for review shall be addressed to the Admissions Committeeand contain a short and plain statement of the reasons that the Applicant isentitled to relief.  Any of the following decisions qualify as finaland are therefore subject to appeal:

(1) a decisionissued by the Test Accommodations Committee in accordance with Rule 14-706(a);

(2) a decisionissued by the Character and Fitness Committee after a formal hearing inaccordance with Rule 14-708(c)(4);

(3) a decision denying an application in accordance withRule 14-709(a).

(b) Rule waivers. The review panel does not have authorityto waive admission rules.

(c) Burden of Proof. The Applicant bears the burden ofproof by clear and convincing evidence. Harmless error does not constitute abasis to set aside the decision. On appeal, the decision may be affirmed,modified, or reversed. The decision, whether based on testimony or documentaryevidence, shall not be set aside unless clearly erroneous, and deference shallbe given to those making the decision to judge the credibility of witnesses.

(d) Review process. An Applicant?s appearance at the reviewwill only be permitted if deemed necessary.  The review will be aclosed proceeding and will be limited to consideration of the record, theApplicant?s memorandum, and the Bar?s responsive memorandum, if any. Requestsfor review setting forth common issues may be consolidated in wholeor in part. After the completion of the review, a written decision shall beissued.

(1) Payment ofTranscript. An Applicant appealing a decision of the Character and FitnessCommittee issued after a formal hearing is responsible for paying for andsubmitting a duly certified copy of the transcript of the formal hearingproceedings or other electronic record copy made by means acceptable in thecourts of Utah.    

(2) Memoranda. Afterfiling a written request for review, an Applicant must file a writtenmemorandum citing to the record to show that the evidence does not support thedecision. The issues in the memorandum must be limited to matters contained inthe record. The review panel will not consider issues raised for the first timein the request for review. The memorandum must be filed within 30 calendar daysof the filing of the request for review. The Bar may file a response, but noreply memorandum will be permitted.

(e) Supreme Court appeal. Within 30 calendar days of thedate on the panel?s written decision, the Applicant may appeal to the SupremeCourt by filing a notice of appeal with the clerk of the Supreme Court and servinga copy upon the General Counsel for the Bar.   At the time offiling the notice of appeal, the Applicant shall pay the prescribed filing feeto the clerk of the Supreme Court. The clerk will not accept a notice of appealunless the filing fee is paid.

(1) Record ofproceedings. A record of the proceedings shall be prepared by the Bar andshall be filed with the clerk of the Supreme Court within 21 calendar daysfollowing the filing of the notice of appeal.

(2) Appeal petition.An appeal petition shall be filed with the Supreme Court 30 calendar days aftera record of the proceedings has been filed with the SupremeCourt.  The appeal petition shall state the name of the petitionerand shall designate the Bar as respondent. The appeal petition must contain thefollowing:

(A) a statement of the issues presented and the reliefsought;

(B) a statementof the facts necessary to an understanding of the issues presented by theappeal;

(C) the legalargument supporting the petitioner?s request; and

(D) a certificatereflecting service of the appeal petition upon the General Counsel.

(3) Format of appeal andresponse petitions. Except by permission of the Court, the appeal petitionand the Bar?s response shall contain no more than 14,000 words or, if ituses a monospaced face, it shall contain no more than 1,300 lines oftext.  

(4) Response petition.Within 30 calendar days after service of the appeal petition on the Bar, theBar, as respondent, shall file its response with the clerk of the SupremeCourt. At the time of filing a copy of the response shall be served upon thepetitioner.   The petitioner may file a reply brief. A reply briefmust be limited to responding to the facts and arguments raised in the Bar?sresponse.

(5) The clerk of theSupreme Court will notify the parties if any additional briefing or oralargument is permitted. Upon entry of the Supreme Court?s decision, the clerkshall give notice of the decision. 

 

Effective Date November 12,2020.