No. 38713 (Amendment): Section R671-103-1. Attorneys

(Amendment)

DAR File No.: 38713
Filed: 07/28/2014 04:34:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Board of Pardons and Parole (The Board) has jurisdiction over inmates committed to the Utah State prison and conducts hearings in regard to parole, parole violations, commutations. and pardons. A number of inmates and parolees retain counsel. According to the Rules of Judicial Administration Chapter 13: Rules of Professional Conduct Sections 1.11 and 1.12, an attorney is prohibited from representing a person when the attorney formerly served as a judge, adjudicative officer, law clerk, arbitrator, mediator, third party neutral, public officer, or state employee in connection with a matter involving the person.

Summary of the rule or change:

If the attorney previously served as a judge, adjudicative officer, law clerk, arbitrator, mediator, third party neutral, public officer, or state employee in connection with a matter involving the person then the attorney shall obtain a waiver from the person and the Board before representing the person in any Board matter.

State statutory or constitutional authorization for this rule:

• Section 77-27-9
• Section 77-27-5

Anticipated cost or savings to:

the state budget:

Processing waiver requests may involve a small increase in workload but any increase will be subsumed in existing resources.

local governments:

Local governments are not involved with Board hearings or representing prison inmates or parolees.

small businesses:

Attorneys that represent prison inmates and parolees will be required to submit a waiver if the attorney previously served in a different capacity as noted above. If the Board and the person do not agree to the waiver, the attorney would not be able to represent that person.

persons other than small businesses, businesses, or local governmental entities:

Larger law firms have more than one attorney so any potential conflict could be eliminated by assigning another attorney.

Compliance costs for affected persons:

Requesting a waiver from a potential client and filing the request with the Board may involve a small amount of time.

Comments by the department head on the fiscal impact the rule may have on businesses:

Attorneys that represent prison inmates and parolees will be required to submit a waiver if the attorney previously served in a different capacity as noted above. If the Board and the person do not agree to the waiver, the attorney would not be able to represent that person.

Clark Harms, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Pardons (Board Of)
AdministrationRoom 300
448 E 6400 S
SALT LAKE CITY, UT 84107-8530

Direct questions regarding this rule to:

• Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/15/2014

Interested persons may attend a public hearing regarding this rule:

• 08/18/2014 08:00 AM, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

09/22/2014

Authorized by:

Clark Harms, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

R671-103. Attorneys.

R671-103-1. Attorneys.

(1) Only attorneys licensed to practice law in the State of Utah may appear and represent an inmate, offender, or petitioner before the Board.

(2) A person may not act as an attorney or represent any inmate, offender, or petitioner before the Board if:

(a) the person has been prohibited from doing so by Board order entered pursuant to the Board's inherent powers or this rule; or

(b) the person is disbarred or suspended from the practice of law in Utah or any other jurisdiction.

(3) An attorney may not represent anyone in connection with a matter in which the attorney participated personally and substantially as a judge or other adjudicative officer or law clerk to such a person, or as an arbitrator, mediator or other third party neutral unless all parties to the matter give informed consent.

(4) An attorney who has formally served as a public officer or employee of the government shall not otherwise represent a client in connection with a matter in which the attorney participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.

 

KEY: parole, inmates, attorneys

Date of Enactment or Last Substantive Amendment: [December 7, 2010]2014

Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 78A-9-103

 

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