53E-3-1314. Attorney fees and costs.

252 words·~1 min read·/ut/title-53e/chapter-3/53e-3-1314

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

Effective 5/6/2026

(1)A person filing a complaint under this part:

(a)may, but is not required to, retain legal representation during the complaint review process; and

(b)is responsible for payment of complainants' attorney fees and costs incurred.

(a)A board member against whom a complaint is filed under this part:

(i)may, but is not required to, retain legal representation during the complaint review process; and

(ii)is responsible for that board member's own attorney fees and costs involved, except as provided in Subsection (2)(b) .

(b)The board shall pay the reasonable attorney fees and costs incurred by a board member against whom a complaint is filed under this part if:

(i)the commission declines to recommend that any allegation in the complaint be reviewed by the board; or

(ii)the board determines that none of the allegations in the complaint that were recommended for review by the commission have been proved.

(a)An attorney participating in a hearing before the commission or the board shall comply with:

(i)the Rules of Professional Conduct established by the Utah Supreme Court;

(ii)the procedures and requirements of this part; and

(iii)the directions of the chairs, commission, and board.

(b)Violations of Subsection (3)(a) may constitute:

(i)contempt, subject to enforcement as provided in Section 53E-3-1311 ; or

(ii)a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.

Enacted by Chapter 181 , 2026 General Session