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

(1) A person filing a complaint under this chapter:

(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.

Legislative History

Renumbered and Amended by Chapter 461, 2018 General Session