63A-15-408. Attorney fees and costs.

233 words·~1 min read·/ut/title-63a/chapter-15/63a-15-408

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

Effective 5/8/2018

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

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

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

(a)A respondent against whom a complaint is filed under this chapter:

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

(ii)except as provided in Subsection (2)(a)(iii) , is responsible for payment of the respondent's attorney fees and costs incurred; and

(iii)may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902 .

(b)For purposes of Subsection (2)(a)(iii) , a complaint filed against a respondent in accordance with this chapter shall constitute an action against a governmental employee in accordance with Section 63G-7-902 .

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

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

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

(iii)the directions of the chair and commission.

(b)A violation of Subsection (3)(a) may constitute:

(i)contempt of the commission under Section 63A-15-404 ; or

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

Renumbered and Amended by Chapter 461 , 2018 General Session