53E-3-1308. Privacy of ethics complaints -- Contempt -- Dismissal.

365 words·~2 min read·/ut/title-53e/chapter-3/53e-3-1308

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)Except as provided in Subsection (1)(b) , a person, including the complainants, the respondent, commission members, commission staff, the board chair, board leadership, or board staff, may not disclose the existence of a complaint, a response, or any information concerning any alleged violation that is the subject of a complaint.

(b)The restrictions in Subsection (1)(a) do not apply to:

(i)a complaint or response that is publicly released by the commission and referred to the board for review under the procedures and requirements of Section 53E-3-1310 , and the allegations contained in the publicly released complaint or response;

(ii)the respondent's voluntary disclosure of a finding by the commission that no allegations in a complaint were proved, after that finding is issued by the commission under the procedures and requirements of Section 53E-3-1310 ;

(iii)disclosing facts or allegations about potential criminal violations to law enforcement authorities;

(iv)a disclosure by a respondent that is made solely for the purpose of, and only to the extent necessary for, retaining counsel or conducting an interview, seeking evidence, or taking other action to prepare to defend against a complaint;

(v)a communication between a commission member and the commission's attorneys or staff; or

(vi)a disclosure to a person that is determined necessary, by a majority vote of the commission, to conduct the duties of the commission.

(2)When a person makes a disclosure under Subsection (1)(b)(iv) or

(vi), the person making the disclosure shall inform the person to whom the disclosure is made of the nondisclosure requirements described in this section.

(3)A person who violates the provisions of Subsection (1)(a) is in contempt of the Legislature and proceedings may be initiated to enforce the finding of contempt using the procedures provided in Section 36-14-5 .

(4)If the identity of the board member who is the subject of an ethics complaint or the identity of the filer of an ethics complaint is publicly disclosed during the period that the commission is reviewing the complaint, the complaint shall be summarily dismissed without prejudice.

Enacted by Chapter 181 , 2026 General Session