Local Rule DUCivR 83-1.7: ATTORNEY DISCIPLINE

DUCivR 83-1.7 ATTORNEY DISCIPLINE

(a) Standards of Professional Conduct and Jurisdiction.

An attorney who is or has been a member of the court's bar or admitted pro hac vice is subject to the Local Rules of Practice, the Utah Rules of Professional Conduct, and the court's disciplinary jurisdiction.

(b) Initiation of a Disciplinary Action.

A disciplinary action may be initiated against an attorney who has been:

(1) disciplined by the Utah State Bar, the Tenth Circuit Court of Appeals, or a court or bar association of another jurisdiction;

(2) the subject of an attorney misconduct complaint that is signed under penalty of perjury (a court-provided complaint form is preferred but not required);

(3) convicted of a crime, including—

(A) a felony; or

(B) a misdemeanor that reflects adversely on the attorney's character and fitness; or

(4) referred for discipline by a judicial officer of the court.

(c) Notice of Discipline or Conviction.

An attorney who has been disciplined by another court or bar association or convicted of a crime other than a minor traffic offense must immediately notify, in writing, the Clerk of Court. The notice must include a copy of the discipline order or conviction. The Clerk of Court may also receive notice of discipline by another court or bar association. The Clerk of Court will maintain these documents in a confidential file in CM/ECF.

(d) Commencement of a Disciplinary Action.

(1) Reciprocal Discipline.

(A) After receiving notice of discipline under section 83-1.7(c), the Clerk must serve on the attorney:

(i) a copy of the notice if the attorney did not provide the notice; and

(ii) an order, to become effective 28 days after the date of service, imposing reciprocal discipline in this court.

(B) A motion for relief from the clerk's order may be filed within 14 days of the date of service of the clerk's order. Failure to file a motion for relief is deemed a waiver. The motion must succinctly identify the facts, relevant authority, and argument supporting the relief from the order of reciprocal discipline. The effect of the clerk's order is stayed until the disciplinary panel, identified in section 83-1.7(f), orders otherwise. The panel may schedule an evidentiary hearing upon a showing of good cause. If an evidentiary hearing is held, the panel may enter interim orders, pending the hearing, as justice may require. If a hearing is not scheduled, the panel may affirm the clerk's order or take other action.

(2) Attorney Misconduct Complaint or Criminal Conviction.

(A) After receiving an attorney misconduct complaint or notice of a criminal conviction, the clerk will transmit a copy to the panel with a recommendation whether to issue an order to respond.

(B) The panel may issue an order to respond requiring the attorney to explain why the court should not restrict the attorney's ability to practice.

(C) The clerk may serve the order to respond on the attorney by email at an identified email address. If the email is returned as undeliverable, the Clerk must serve the order to respond by certified mail, return receipt requested, on the attorney at an identified mailing address.

(D) A response must be filed within 21 days after service of the order to respond.

(E) After receipt of the response or the expiration of 21 days, the panel must review the documents and may:

(i) dismiss the complaint;

(ii) refer the action to a more appropriate jurisdiction;

(iii) impose no discipline;

(iv) impose interim or final discipline;

(v) refer the action to the committee identified in section 83-1.7(f) for review and recommendations; or

(vi) set the matter for an evidentiary hearing before a trier of fact.

(3) Judicial Referral. A judicial officer may make a referral in writing to the panel or any other appropriate authority regarding an attorney's misconduct. The procedure for addressing a judicial referral is the same as in section 83-1.7(d)(2).

(e) Discipline.

Discipline may include:

(1) a public or private reprimand;

(2) conditions for continuing to practice law in this jurisdiction;

(3) probation;

(4) suspension from the right to practice in this court;

(5) disbarment; or

(6) other discipline as deemed appropriate.

(f) Disciplinary Authorities, Procedures, and Record Requests.

(1) Authorities.

(A) Disciplinary Panel. The Chief Judge must appoint a panel of 3 judicial officers to constitute the Panel and designate 1 to serve as the chair. The Panel has jurisdiction over all matters relating to the discipline of attorneys, including disbarment and suspension. The Chief Judge may designate additional judicial officers to serve as alternates when a member is unable to serve. If a member is unable to serve, the remaining members have authority to proceed without the participation of the unavailable member. If the unavailable member is the chair, the remaining members will select a substitute chair.

(B) Committee. The panel may appoint a committee of attorneys to advise and assist it. At the panel's direction, the Committee may investigate complaints or motions for reinstatement, prepare a report and recommendation, or serve as a trier of fact.

(C) Investigator. The panel may appoint an investigator to interview witnesses, gather evidence, and prepare reports or summaries.

(D) Hearing Officer. The panel may appoint a neutral hearing officer to conduct an evidentiary hearing. The hearing officer must be a judicial officer or member of the court's bar.

(E) Examiner. The panel may appoint a member of the committee or another attorney to present evidence in support of discipline.

(F) Clerk of Court. The Clerk of Court will process a disciplinary matter as stated in this rule.

(2) Disciplinary Authority Immunity. Disciplinary authorities are immune from claims arising out of disciplinary actions.

(3) Hearing. The trier of fact, which may be the panel that may include a member of the committee, may permit discovery, receive testimony, and consider other evidence as deemed relevant or material. The Federal Rules of Evidence do not apply.

(4) Records.

(A) Public. An order of discipline is a public record and will be reflected in the court's public attorney directory, unless ordered otherwise.

(B) Confidential. All other disciplinary records are confidential.

(C) Record Requests. A person may file a request to obtain copies of disciplinary records with the Clerk of Court. The panel may authorize the clerk to provide copies of the records. If the panel denies the request, the person may file an objection within 14 days. The Chief Judge will address the objection.

(g) Reinstatement.

(1) An attorney who has been disciplined in this court may file a motion for reinstatement in the original disciplinary action. Reinstatement in this court is not automatic after reinstatement in another jurisdiction.

(2) The motion must succinctly:

(A) identify disciplinary and reinstatement actions taken in any jurisdiction; and

(B) explain why reinstatement is appropriate in this court and will not be detrimental to the integrity of the bar of this court, the interests of justice, or the public.