§ 63M-7-1101 — Definitions for part.

Utah § 63M-7-1101

• Jurisdiction: Utah
• Title 63M: Governor's Programs
• Ch. 63M-7: Criminal Justice and Substance Abuse
• Part 63M-7-11: Prosecutor Conduct Commission

Text

As used in this part:
(1) "Commission" means the Prosecutor Conduct Commission created in Section 63M-7-1102.
(2) "Complaint" means:
(2)(a) a written complaint regarding professional misconduct by a prosecuting attorney; or
(2)(b) an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a prosecuting attorney has committed professional misconduct.
(3) "Employer" means:
(3)(a) except as provided in Subsection (3)(b), the attorney general, a district attorney, a county attorney, or a municipal attorney who employs the prosecuting attorney; or
(3)(b) the chief executive officer of the political subdivision that employs the prosecuting attorney if the prosecuting attorney is a district or county attorney or a municipal attorney.
(4) "Investigation" means an inquiry into a complaint.
(5) "Knowingly" means taking an action, or failing to take an action, with the knowledge that the natural or probable consequences are unambiguously prohibited by a legal obligation or professional standard.
(6) "Legal obligation" means an obligation imposed by the Utah Constitution, the Constitution of the United States, a statute, a rule of procedure or evidence, or a local rule.
(7) "Professional misconduct" means conduct committed in the course of a prosecution of a felony offense, a class A misdemeanor offense, or a class B misdemeanor offense that:
(7)(a) purposefully, knowingly, or recklessly violated a clear and unambiguous legal obligation or professional standard for a prosecuting attorney; and
(7)(b) impacted, or reasonably could have impacted, the substantive or procedural due process rights of an individual.
(8) "Professional standard" means a standard of conduct imposed by the Utah Rules of Professional Conduct.
(9) "Prosecuting attorney" means an attorney who brings a criminal prosecution or delinquency proceeding on behalf of this state or a county or municipality of this state.
(10) "Purposefully" means taking an action, or failing to take an action, in order to obtain a result that is unambiguously prohibited by a legal obligation or professional standard.
(11) "Recklessly" means the conduct is a gross deviation from the standard of conduct for an objectively reasonable prosecuting attorney:
(11)(a) after considering the nature and the circumstances of a prosecuting attorney's conduct; and
(11)(b) by taking into account whether the prosecuting attorney knew, or should have known:
(11)(b)(i) based on the prosecuting attorney's experience, of the legal obligation or professional standard; and
(11)(b)(ii) the prosecuting attorney's conduct was substantially likely to violate a legal obligation or professional standard.

Legislative History

Enacted by Chapter 360, 2025 General Session