Category: USB14-0510

Rules Governing the Utah State Bar – Effective January 27, 2016

USB 14-0503. Ethics and Discipline Committee. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, describes in general terms the responsibilities of the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0504. OPC counsel. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, eliminates OPC’s responsibility for notice of disposition of matters. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0510. Prosecution and appeals. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, assigns specific tasks performed by OPC to the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0533. Diversion. Amend. Removes the description of OPC acting as secretary to the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

 

Supreme Court Order (USB 14-503, USB 14-504, USB 14-510, USB 14-533)

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Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. Adds a vice chair to the Ethics and Discipline Committee and establishes a screening panel member removal process.
USB 14-0533. Diversion. Amend. Provides that OPC, as secretary to the screening panel, memorializes the diversion contract.
Supreme Court Order.
USB 14-0510. Prosecution and appeals. Amend. Allows OPC to refer matters to the Professionalism Counseling Board established pursuant to Supreme Court Standing Order No. 7. Allows OPC to appeal screening panel determinations and recommendations. Authorizes the chair of the Ethics & Discipline Committee to increase a sanction imposed by a screening panel. Provides that a judicial officer’s failure to address or report alleged attorney misconduct is not evidence that misconduct has or has not occurred. Establishes that a screening panel’s involvement in the diversion process ceases once the material terms of a diversion contract have been agreed to.
USB 14-0515. Access to disciplinary information. Amend. Allows direct communication between OPC, members of the Ethics and Discipline Committee and the Professionalism Counseling Board.
Supreme Court Order.

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Rules Governing the Utah State Bar

USB 14-0203. License categories. Amend. Specify that to qualify for the “active, under 3 years” category means to have practiced less than 3 years in any jurisdiction.
Supreme Court Order
USB 14-0507. Roster of lawyers and current record information. Amend. Require the Bar to collect, maintain and have ready access to a lawyer’s e-mail address. Lawyer could still designate the e-mail address as private.
Supreme Court Order
USB 14-0103. Organization and management of the Bar. Amend. Establish on-line election of president-elect and commissioners.
USB 14-0205. Board. Amend. Establish on-line election of president-elect and commissioners.
USB 14-0206. Officers. Amend. Establish on-line election of president-elect and commissioners.
Supreme Court Order.
USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures.
Supreme Court Order.

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