1     
EXECUTIVE BRANCH ETHICS COMMISSION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Executive Branch Ethics Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that, if the commission determines that all allegations made against an
13     executive branch elected official are without merit, the executive branch elected
14     official may request payment, by the state, of reasonable attorney fees and costs for
15     legal representation during the complaint review process.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63A-14-708, as enacted by Laws of Utah 2013, Chapter 426
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63A-14-708 is amended to read:
26          63A-14-708. Attorney fees and costs.
27          (1) A complainant:
28          (a) may, but is not required to, retain legal representation during the complaint review
29     process; and
30          (b) is responsible for payment of the complainant's attorney fees and costs incurred.
31          (2) A respondent:
32          (a) may, but is not required to, retain legal representation during the complaint review
33     process; and
34          (b) except as provided in Subsection (3), is responsible for payment of the respondent's
35     attorney fees and costs incurred.
36          (3) (a) If the commission determines that all allegations in the complaint are without
37     merit, the respondent may file a request with the Executive Appropriations Committee of the
38     Legislature for the payment of reasonable attorney fees and costs for legal representation during
39     the complaint review process.
40          (b) If the Executive Appropriations Committee of the Legislature receives a request
41     described in Subsection (3)(a), the Legislature may appropriate money to reimburse the
42     respondent for some or all of the reasonable attorney fees and costs described in Subsection
43     (3)(a).
44          [(3)] (4) An attorney who participates in a hearing before the commission shall comply
45     with:
46          (a) the Rules of Professional Conduct established by the Utah Supreme Court;
47          (b) the procedures and requirements of this chapter; and
48          (c) the directions of the chair and the commission.
49          [(4)] (5) A violation of Subsection [(3)] (4) may constitute:
50          (a) contempt of the commission under Section 63A-14-705; or
51          (b) a violation of the Rules of Professional Conduct, subject to enforcement by the
52     Utah State Bar.