Print Version
Previous PageFile uploaded: 12/18/2020

Rule 11-563. Interim discipline for threat of harm.

(a) Petition for interimdiscipline. Upon receiving sufficient evidencethat a Lawyer subject to the Supreme Court?s disciplinary jurisdiction poses athreat of serious harm to the public and has either committed a violation ofthe Rules of Professional Conduct or Licensed Paralegal Practitioner Rules ofProfessional Conduct or is under a disability as herein defined, the OPC mustfile a petition for interim discipline in the district court, requesting a hearingand giving notice in accordance with Utah Rule of Civil Procedure 65A.

(1) The petition for interim discipline must befiled with the district court and served on the Respondent in accordance withRule 4 of the Utah Rules of Civil Procedure.

(2) The district court will set a hearing within 14days of filing the return of service showing that Respondent has been served.

?(b) Immediate interim discipline. Afterconducting a hearing on the petition, the district court may enter an orderimmediately suspending the respondent, limiting the Respondent?s practice area,or requiring supervision of the Respondent pending final disposition of adisciplinary proceeding, or may order such other action as deemed appropriate.

(1) If an order is entered:

(A) the district court mayappoint a trustee under Rule 11-538, to protect the interests of theRespondent?s clients; and

(B) the OPC may file anAction without presenting the matter to a screening panel.

(2)If an order for interim discipline is not obtained, the OPC must dismiss theinterim Action and will process the matter as it does any other informationcoming to the OPC?s attention.

(c) Notice to clients. A Respondent subject to interim discipline pursuant to paragraph (b)must comply with the notice requirements in Rule 11-570 as ordered by thedistrict court.

(d) Motion to dissolve ormodify interim discipline. On 48 hours? notice to the OPC, aRespondent suspended pursuant to paragraph (b) may appear and move to dissolveor modify the order of discipline, and such motion will be heard and determinedas expeditiously as justice requires.

Effective December 15, 2020