In Re Integration & Governance of the Utah State Bar

632 P.2d 845, 1981 Utah LEXIS 813

• Court: Utah Supreme Court
• Decided: June 30, 1981
• Docket: 15436-A
• Status: Published

Opinions

PER CURIAM:

On September 30, 1977, the Utah State Bar Board of Commissioners moved this Court for approval and adoption of a “Rule for Integration of the Utah State Bar,” and “Rules of Organization and Management of the Utah State Bar,” which consisted of the then-current text of Utah Code Annotated, 1953, Title 78, Chapter 51 (the legislative enactments concerning “Attorneys and Counselors”). The proposed Rules of Organization and Management had the same content and section numbers as the existing statutes, with minor modifications to delete dated material and to conform the text to the content appropriate to court rules rather than legislative enactments. Memoran-da were filed in support of and in opposition to the Bar’s motion.

In May, 1979, a group of members of the Utah Bar filed a Petition to Adopt a Rule to Govern the Right to Practice Law in Utah Without Compulsory Integration, and briefs were filed in support of and in opposition to that Petition. On November 1, 1979, the 43rd Legislature of the State of Utah, through its Legislative General Counsel, filed a brief in opposition to both the Bar’s Motion and the Attorney’s Petition, suggesting that neither took adequate account of the Legislature’s interest in the regulation of the legal profession.

On November 5, 1979, the issues were argued in a hearing before the Court. To date, no action has been taken on either the Motion or the Petition.

In its 1981 general session, the Legislature amended Section 78 — 51—12 of the Utah Code to prescribe new procedures for the investigation of complaints about unethical, questionable or improper conduct of attorneys and to direct that all disciplinary committees should include at least one member who was not an attorney. H.B.No.70. That legislation becomes effective July 1, 1981.

Careful consideration having been given to the memoranda and briefs filed in this matter and to the important interests of the judicial and legislative branches, manifested through court rule and through legislative enactment, the Court hereby denies the Petition of the group of members of the Utah Bar and grants the Motion of the Utah State Bar Board of Commissioners. The Proposed Rule for Integration of the Utah State Bar is adopted, with slight modifications to its content and format. The proposed Rules of Organization and Management of the Utah State Bar are adopted as updated to include the content of the recent legislative amendment to Section 78-51-12, and with slight modifications in the content of other sections. The adopted copies of both Rules, which will be published as Rules for the Governance of the Bar, are on file with the Clerk of the Court.

Questions raised in the memoranda and briefs on the respective functions of the judicial and legislative branches of government in the regulation of attorneys and counselors and the practice of law are left to be resolved in the context of specific cases and controversies.

So ordered.