Utah Code 63A-14-708. Attorney fees and costs

63A-14-708. Attorney fees and costs.

(1)

A complainant:

Commission: means the Independent Executive Branch Ethics Commission, created in Section 63A-14-202. See Utah Code 63A-14-102
Complainant: means an individual who files a complaint under Subsection 63A-14-402(1)(a). See Utah Code 63A-14-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Respondent: means the executive branch elected official against whom an ethics complaint described in Section 63A-14-402 is filed. See Utah Code 63A-14-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Violation: means a high crime, a misdemeanor, or malfeasance in office. See Utah Code 63A-14-102

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

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

(2)

A respondent:

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

(b)	except as provided in Subsection (3), is responsible for payment of the respondent’s attorney fees and costs incurred.

(3)

(a)	If the commission determines that all allegations in the complaint are without merit, the respondent may file a request with the Executive Appropriations Committee of the Legislature for the payment of reasonable attorney fees and costs for legal representation during the complaint review process.

(b)	If the Executive Appropriations Committee of the Legislature receives a request described in Subsection (3)(a), the Legislature may appropriate money to reimburse the respondent for some or all of the reasonable attorney fees and costs described in Subsection (3)(a).

(4)

An attorney who participates in a hearing before the commission shall comply with:

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

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

(c)	the directions of the chair and the commission.

(5)

A violation of Subsection (4) may constitute:

(a)	contempt of the commission under Section 63A-14-705; or

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

Amended by Chapter 432, 2019 General Session