Utah Code 63A-15-408. Attorney fees and costs
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(1) A person filing a complaint under this chapter:
Terms Used In Utah Code 63A-15-408
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See 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
(1)(a) may, but is not required to, retain legal representation during the complaint review process; and(1)(b) is responsible for payment of complainant’s attorney fees and costs incurred.
(2)
(2)(a) A respondent against whom a complaint is filed under this chapter:
(2)(a)(i) may, but is not required to, retain legal representation during the complaint review process;
(2)(a)(ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent’s attorney fees and costs incurred; and
(2)(a)(iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902.
(2)(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)
(3)(a) An attorney participating in a hearing before the commission shall comply with:
(3)(a)(i) the Rules of Professional Conduct established by the Utah Supreme Court;
(3)(a)(ii) the procedures and requirements of this chapter; and
(3)(a)(iii) the directions of the chair and commission.
(3)(b) A violation of Subsection (3)(a) may constitute:
(3)(b)(i) contempt of the commission under Section 63A-15-404; or
(3)(b)(ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.