(1) A person filing a complaint under this part:
- (a) may, but is not required to, retain legal representation during the complaint review process; and
- (b) is responsible for payment of complainants' attorney fees and costs incurred.
(2)
(a) A board member against whom a complaint is filed under this part:
- (i) may, but is not required to, retain legal representation during the complaint review process; and
- (ii) is responsible for that board member's own attorney fees and costs involved, except as provided in Subsection (2)(b).
(b) The board shall pay the reasonable attorney fees and costs incurred by a board member against whom a complaint is filed under this part if:
- (i) the commission declines to recommend that any allegation in the complaint be reviewed by the board; or
- (ii) the board determines that none of the allegations in the complaint that were recommended for review by the commission have been proved.
(3)
(a) An attorney participating in a hearing before the commission or the board shall comply with:
- (i) the Rules of Professional Conduct established by the Utah Supreme Court;
- (ii) the procedures and requirements of this part; and
- (iii) the directions of the chairs, commission, and board.
(b) Violations of Subsection (3)(a) may constitute:
- (i) contempt, subject to enforcement as provided in Section 53E-3-1311; or
- (ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.
Enacted by Chapter 181, 2026 General Session