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Rule 11-521. OPC prosecutorial powers and duties.

(a) The ChiefDisciplinary Counsel will perform all prosecutorial functions and have thefollowing powers and duties, which may be delegated to other staff:

(1) Screen all information coming to the attentionof the OPC to determine whether it is within the jurisdiction of the OPC inthat it relates to misconduct by a Lawyer or to the incapacity of a Lawyer.

(2) Investigate all information coming to theattention of the OPC which, if true, would be grounds for discipline ortransfer to disability status, and investigate all facts pertaining topetitions for reinstatement or relicensure.

(3) Choose to dismiss, decline toprosecute, refer nonfrivolous and substantialComplaints to the Committee for hearing, or petition the district court fortransfer to disability status.

(4) Prosecute before the screeningpanels, the district courts, the Supreme Court, and any other courts, includingbut not limited to, any court of the United States all disciplinary cases andproceedings for transfer to or from disability status.

(5) Attend the Character and Fitness Committeeproceedings in all cases for relicensure, andrepresent the OPC before the district courts, Supreme Court, and any othercourts including, but not limited to, any court of the United Statesin all cases for reinstatement and relicensure.

(6) Employ or appoint and supervise staff neededfor the performance of prosecutorial functions and delegate suchresponsibilities as may be reasonably necessary to perform prosecutorialfunctions, including supervising attorneys who provide pro bono services to theBar, by supervising the practice of Respondents who have been placed onprobation.

(7) Notify each jurisdiction in which aRespondent is licensed of a transfer to disability status or any publicdiscipline imposed in Utah.

(8) Seek reciprocal discipline whereappropriate when informed of any public discipline imposed by another court,another jurisdiction, or a regulatory body having disciplinary jurisdiction.

(9) Forward a certified copy of the judgment ofconviction to the disciplinary agency in each jurisdiction in which a Lawyer islicensed when the Lawyer is convicted of a crime in Utah which reflectsadversely on the Lawyer?s honesty, trustworthiness, or fitness as a Lawyer.

(10) Maintain records of discipline anddisability matters subject to any expungement requirements and compilestatistics to aid in the administration of the system, including but notlimited to, a log of all Complaints received, investigative files, statisticalsummaries of rules violated and dispositions, any transcripts of proceedings,and other records as the Supreme Court requires to be maintained.

(11) Provide informal guidance concerningprofessional conduct to Lawyers through seminars that will promote ethicalconduct, formulate diversionary programs, monitor probations, and disseminatedisciplinary results to the Bar and the public through the Utah Bar Journal andotherwise as appropriate while maintaining the confidentiality of Respondentssubject to private discipline.

Effective December 15, 2020