Category: USB14-0510

Rules Governing the Utah State Bar

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.

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Rules Governing the Utah State Bar

USB 14-0301. Standards of Professionalism and Civility. Amend. Advises lawyers to educate themselves about the risks of using social media.
USB 14-0503. Ethics and Discipline Committee. Amend. Provides for a third committee vice chair appointed by the Supreme Court. Allows a chair or vice chair of one screening panel to serve on another.
USB 14-0510. Prosecution and appeals. Amend. Describes the role of the screening panel as investigator and fact finder. Requires an OPC summary – if provided to a screening panel – to also be provided to the respondent and to include any additional violations. Allows the respondent to address any violations. Permits the screening panel to find additional violations during the hearing. Describes the process by which the respondent may address the additional violations. Requires a formal complaint to be filed if a screening panel finds probable cause for public discipline or if the misconduct is similar to a pending formal complaint. Allows evidence of prior discipline to be presented at the hearing. Allows for multiple cases to be presented to one screening panel. Allows the OPC 30 days to file a response to respondent’s exceptions. Allows the chair to extend the time to file an exception or response so the respondent or OPC can obtain a transcript of the hearing.
USB 14-0517. Additional rules of procedure. Amend. Clarifies that a screening panel chair screens complaints against OPC counsel, committee members and bar commissioners before the appointment of a special counsel.
USB 14-0533. Diversion. Amend. Requires that the OPC agree to diversion before the Diversion Committee can consider the respondent’s request for diversion.

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Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Provides that a matter may be referred to the Professional Counseling Board. Gives the Office of Professional Conduct the right to appeal a screening panel decision. Makes technical changes.

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Rules Governing the Utah State Bar

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.
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.

Petition to Adopt the Uniform Bar Exam Substantive and technical amendments to multiple rules to adopt the Uniform Bar Exam in Utah.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
USB 14-0701. Definitions.
USB 14-0702. Board – general powers.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants.
USB 14-0704. Qualifications for admission of Attorney Applicants.
USB 14-0705. Admission by Motion.
USB 14-0706. Test accommodations.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees.
USB 14-0708. Character and fitness.
USB 14-0709. Application denial.
USB 14-0710. Administration of the Bar Examination.
USB 14-0711. Grading and passing of the Bar Examination.
USB 14-0712. Qualifications for admission based on UBE.
USB 14-0713. MPRE.
USB 14-0714. Unsuccessful Applicants: disclosure and right of inspection.
USB 14-0715. Bar Examination appeals.
USB 14-0716. License fees; enrollment fees; oath and admission.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys.
USB 14-0718. Licensing of Foreign Legal Consultants. Renumber from 14-805 and amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Renumber from 14-720 and amend.
USB 14-0720. Confidentiality. Renumber from 14-719 and amend.
USB 14-0805. Reserved.

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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 14-0510. Prosecution and appeals. Amend. 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 14-0533. Diversion. Amend. Provides that OPC, as secretary to the screening panel, memorializes the diversion contract.

Petition to Create Ethics Advisory Opinion Safe Harbor.
USB 14-0504. OPC counsel. Amend. Prohibits OPC from prosecuting a lawyer for an act expressly authorized by an ethics advisory opinion. Provides that a court is not bound by an the interpretation of an ethics advisory opinion. Permits OPC to request that the ethics advisory opinion committee review, modify or withdraw an ethics advisory opinion. Permits OPC to request that the supreme court review, affirm, reverse or modify an ethics advisory opinion.

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Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Provides for stay of dissemination of disciplinary information during the review period.
USB 14-0516. Dissemination of disciplinary information. Amend. Includes admonitions and public reprimands in the Bar Journal.
Petition to amend Rule 14-707 for a revised FBI background report deadline.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees. Amend. Extends the time in which applicants for admission to the Utah State Bar can obtain the mandatory FBI criminal background report.

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Rules Governing the Utah State Bar

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.

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