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Code · Utah · Title 63M — Governor's Programs · Chapter 7

Renumbered 7/1/2026

433 words·~2 min read·/ut/title-63m/chapter-7/7-7

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

Effective 5/7/2025
Renumbered 7/1/2026
63M-7-1101. Definitions for part.
As used in this part:
(1)"Commission" means the Prosecutor Conduct Commission created in Section 63M-7-1102 .
(2)"Complaint" means:
(a)a written complaint regarding professional misconduct by a prosecuting attorney; or
(b)an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a prosecuting attorney has committed professional misconduct.
(3)"Employer" means:
(a)except as provided in Subsection (3)(b) , the attorney general, a district attorney, a county attorney, or a municipal attorney who employs the prosecuting attorney; or
(b)the chief executive officer of the political subdivision that employs the prosecuting attorney if the prosecuting attorney is a district or county attorney or a municipal attorney.
(4)"Investigation" means an inquiry into a complaint.
(5)"Knowingly" means taking an action, or failing to take an action, with the knowledge that the natural or probable consequences are unambiguously prohibited by a legal obligation or professional standard.
(6)"Legal obligation" means an obligation imposed by the Utah Constitution, the Constitution of the United States, a statute, a rule of procedure or evidence, or a local rule.
(7)"Professional misconduct" means conduct committed in the course of a prosecution of a felony offense, a class A misdemeanor offense, or a class B misdemeanor offense that:
(a)purposefully, knowingly, or recklessly violated a clear and unambiguous legal obligation or professional standard for a prosecuting attorney; and
(b)impacted, or reasonably could have impacted, the substantive or procedural due process rights of an individual.
(8)"Professional standard" means a standard of conduct imposed by the Utah Rules of Professional Conduct.
(9)"Prosecuting attorney" means an attorney who brings a criminal prosecution or delinquency proceeding on behalf of this state or a county or municipality of this state.
(10)"Purposefully" means taking an action, or failing to take an action, in order to obtain a result that is unambiguously prohibited by a legal obligation or professional standard.
(11)"Recklessly" means the conduct is a gross deviation from the standard of conduct for an objectively reasonable prosecuting attorney:
(a)after considering the nature and the circumstances of a prosecuting attorney's conduct; and
(b)by taking into account whether the prosecuting attorney knew, or should have known:
(i)based on the prosecuting attorney's experience, of the legal obligation or professional standard; and
(ii)the prosecuting attorney's conduct was substantially likely to violate a legal obligation or professional standard.
Renumbered and Amended by Chapter 291 , 2026 General Session
Enacted by Chapter 360 , 2025 General Session
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