Rule15-715. Requests for review.
(a) Request for Review. An Applicant may request a review offinal decision made regarding a Test Accommodation, Character and Fitness anddenial of an application. A request for review of a final decision, along withthe prescribed filing fee, must be filed with the Bar in writing within 10calendar days of the date on the written notice of the decision. The requestfor review shall be addressed to the LPP Admissions Committee and contain ashort and plain statement of the reasons that the Applicant is entitled torelief.?
(b)Rule waivers. The review panel does not have authority to waive admissionrules.
(c)Burden of Proof. The Applicant bears the burden of proof by clear andconvincing evidence. Harmless error does not constitute a basis to set asidethe decision. On appeal, the decision may be affirmed, modified, or reversed.The decision, whether based on testimony or documentary evidence, shall not beset aside unless clearly erroneous, and deference shall be given to thosemaking the decision to judge the credibility of witnesses.
(d)Review process. An Applicant?s appearance at the review will only be permittedif deemed necessary.? The review will bea closed 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 whole or in part.After the completion of the review, a written decision shall be issued.
(d)(1)Payment of Transcript. An Applicant appealing a decision of the LPP AdmissionsCommittee 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.????
(d)(2)Memoranda. After filing a written request for review, an Applicant must file awritten memorandum citing to the record to show that the evidence does notsupport the decision. The issues in the memorandum must be limited to matterscontained in the record. The review panel will not consider issues raised forthe first time in the request for review. The memorandum must be filed within30 calendar days of the filing of the request for review. The Bar may file aresponse, but no reply memorandum will be permitted.
(e)Supreme Court appeal. Within 30 calendar days of the date on the panel?swritten decision, the Applicant may appeal to the Supreme Court by filing anotice of appeal with the clerk of the Supreme Court and serving a copy uponthe General Counsel for the Bar.?? At thetime of filing the notice of appeal, the Applicant shall pay the prescribedfiling fee to the clerk of the Supreme Court. The clerk will not accept anotice of appeal unless the filing fee is paid.
(e)(1)Record of proceedings. A record of the proceedings shall be prepared by the Barand shall be filed with the clerk of the Supreme Court within 21 calendar daysfollowing the filing of the notice of appeal.
(e)(2)Appeal petition. An appeal petition shall be filed with the Supreme Court 30calendar days after a record of the proceedings has been filed with the SupremeCourt.? The appeal petition shall statethe name of the petitioner and shall designate the Bar as respondent. Theappeal petition must contain the following:
(e)(2)(A)a statement of the issues presented and the reliefsought;
(e)(2)(B)a statement of the facts necessary to an understandingof the issues presented by the appeal;
(e)(2)(C)the legal argument supporting the petitioner?srequest; and
(e)(2)(D)a certificate reflecting service of the appealpetition upon the General Counsel.
(e)(3)Format of appeal and response petitions. Except by permission of the Court, theappeal petition and the Bar?s response shall contain nomore than 14,000 words or, if it uses a monospaced face,it shall contain no more than 1,300 lines of text.??
(e)(4)Response petition. Within 30 calendar days after service of the appeal petitionon the Bar, the Bar, as respondent, shall file its response with the clerk ofthe Supreme Court. At the time of filing, a copy of the response shall beserved upon the petitioner.? No replymemorandum will be permitted.
(e)(5)The clerk of the Supreme Court will notify the parties if any additionalbriefing or oral argument is permitted. Upon entry of the Supreme Court?sdecision, the clerk shall give notice of the decision.
Effective November 1, 2018