Print Version
Previous PageFile uploaded: 12/18/2020

Rule 11-503. OversightCommittee for the Office of Professional Conduct.

?(a) Establishment. TheOversight Committee for the Office of Professional Conduct (?OversightCommittee?) is established as a Supreme Court committee.

(1) Composition.

(A) The Oversight Committee consists of five votingmembers. Among the members, at least one must be a judge; one a member of thepublic; and one a past chair or past vice-chair of the Ethics and DisciplineCommittee. At least one of the members must have an accounting or financebackground.

(B) The executive director of the Utah Bar will bean ex-officio, non-voting member of the Oversight Committee.

(2) Appointment and member roles. TheUtah Supreme Court appoints Oversight Committee members who may serve up to twoconsecutive staggered four-year terms. The Supreme Court will select a chairfrom among the Oversight Committee?s members. Oversight Committee members serveas officers of the court and not as representatives of any client, employer, orother organization or interest group. At the first meeting of the OversightCommittee in any calendar year, and at every meeting at which a new Committeemember first attends, each Committee member must briefly disclose the generalnature of the member?s legal or other practice.

(3)Meeting schedule. The OversightCommittee will meet as often as necessary to accomplish its purposes but atleast annually.

(4) Vacancies. If there is an OversightCommittee vacancy, the Supreme Court will appoint a new Committee member to servefor the remainder of the unexpired term.

(5) Absences. If an Oversight Committeemember fails to attend two consecutive Committee meetings, the chair may notifythe Supreme Court of those absences and may request that the Supreme Courtreplace that Committee member. 

(6) Administrative support. TheAdministrative Office of the Courts shall coordinate administrative support tothe Committee.

(b) Oversight Committee purpose,responsibilities, and authority.

(1) Oversight Committee purpose.The Oversight Committee?s purpose is to assist the OPC in implementing reformsto the attorney discipline process adopted by the Utah Supreme Court and toprovide oversight for the OPC. 

(2) Oversight Committee responsibilities.The following comprise the Oversight Committee?s responsibilities:

(A) Develop and implement realistic performancemetrics and conduct annual evaluations of OPC and its Chief DisciplinaryCounsel;

(B) Approve the budget for the OPC and annuallysubmit the budget to the Supreme Court and the Bar;

(C) Conduct a needs assessment for the OPC, settingforth a three- to five-year funding plan for the disciplinary process,including technology and staffing needs;

(D) Annually, in conjunction with Chief DisciplinaryCounsel and the Ethics and Discipline Committee chair, report to the Courtregarding the operations of the OPC and the general standing of disciplinarymatters and procedures;

(E) Develop and monitor formal policies for the OPC,including records retention policies;

(F)Recommend rules of administration and procedure to the Supreme Court;

(G)Recommend a Chief Disciplinary Counsel to be appointed by the SupremeCourt;

(H)Monitor the OPC?s workload and recommend to the Supreme Court adequate OPCstaffing; and

(I)Review and consider any public input.

(3) Authority. TheOversight Committee does not have authority to interfere with the prosecutorialindependence of the OPC, but is granted access to confidential information asnecessary to carry out its duties.

(c) Complaints and appeals.

(1)Any person may file with the Oversight Committee chair a complaint allegingmalfeasance regarding the Chief Disciplinary Counsel. If necessary, theOversight Committee may enter a recommendation to the Supreme Court, which maytake appropriate action.

(2)If a complaint regarding the Chief Disciplinary Counsel is received in theOPC?s office, the Chief Disciplinary Counsel must forward the complaint to theOversight Committee chair within a reasonable time, but not more than 14 daysafter receipt.

(3)Any person may file with the Chief Disciplinary Counsel a complaint allegingmalfeasance regarding OPC Counsel or staff. The Chief Disciplinary Counsel?sdecision regarding the complaint is final and not subject to appeal. The ChiefDisciplinary Counsel?s decision may include an appropriate action taken againstthe person who is the subject of the complaint.

(4)A complaint must be in writing, stating the name and contact information of thecomplainant, the nature of the complaint, and the facts on which the complaintis based.

(5) Unless the appropriate action takenon a complaint is part of a formal proceeding, any action taken isconfidential.

EffectiveDecember 15, 2020