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

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

(1)

A person filing a complaint under this chapter:

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Person: means :Utah Code 68-3-12.5
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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

(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.

(2)

(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.

(3)

(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