Utah § 63M-7-1105 Finding of professional misconduct -- Reporting of finding.

Utah Statutes

§ 63M-7-1105 — Finding of professional misconduct -- Reporting of finding.

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

(1)(1)(a) Upon an investigation under Section 63M-7-1104, the commission may make a finding, by a preponderance of the evidence, that a prosecuting attorney committed professional misconduct.

(1)(b) In determining whether a prosecuting attorney committed professional misconduct under Subsection (1)(a), the commission may consider an affirmative action of the prosecuting attorney or an action that the prosecuting attorney failed to take.

(2)If the commission finds that a prosecuting attorney committed professional misconduct:

(2)(a) the commission shall notify:

(2)(a)(i) the prosecuting attorney's employer of the commission's finding;

(2)(a)(ii) the appropriate law enforcement agency of the commission's finding if the professional misconduct is likely a criminal offense; and

(2)(a)(iii) t

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(1) (1)(a) Upon an investigation under Section 63M-7-1104, the commission may make a finding, by a preponderance of the evidence, that a prosecuting attorney committed professional misconduct.
(1)(b) In determining whether a prosecuting attorney committed professional misconduct under Subsection (1)(a), the commission may consider an affirmative action of the prosecuting attorney or an action that the prosecuting attorney failed to take.
(2) If the commission finds that a prosecuting attorney committed professional misconduct:
(2)(a) the commission shall notify:
(2)(a)(i) the prosecuting attorney's employer of the commission's finding;
(2)(a)(ii) the appropriate law enforcement agency of the commission's finding if the professional misconduct is likely a criminal offense; and
(2)(a)(iii) the Office of Professional Conduct of the commission's finding if the professional misconduct is likely a violation of the Utah Rules of Professional Conduct; and
(2)(b) the commission may disclose a summary of the commission's investigation and finding.
(3) Any documents disclosed under Subsection (2) shall maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act.
(4) The commission may not disclose information or evidence under Subsection (2) that is:
(4)(a) protected from disclosure by court order or a legal privilege; or
(4)(b) given after having been issued a warning based on Garrity v. New Jersey, 385 U.S. 493 (1967).
(5) A finding by the commission that a prosecuting attorney committed professional misconduct may only be made public if:
(5)(a) a governmental entity with a record of the finding is required to make the record public under Title 63G, Chapter 2, Government Records Access and Management Act;
(5)(b) the Office of Professional Conduct discloses the commission's finding to the public due to a disciplinary action against the prosecuting attorney as a result of the commission's finding; or
(5)(c) a prosecuting agency brings a criminal prosecution against the prosecuting attorney as a result of the commission's finding.
(6) The commission may not discipline or sanction a prosecuting attorney for any professional misconduct.

Utah § 63M-7-1105 (Finding of professional misconduct -- Reporting of finding.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.