Current through the 2024 Fourth Special Session
Section 63A-15-408 - Attorney fees and costs(1) A person filing a complaint under this chapter:(a) may, but is not required to, retain legal representation during the complaint review process; and(b) is responsible for payment of complainant's attorney fees and costs incurred.(2)(a) A respondent against whom a complaint is filed under this chapter: (i) may, but is not required to, retain legal representation during the complaint review process;(ii) except as provided in Subsection (2)(a)(iii), is responsible for payment of the respondent's attorney fees and costs incurred; and(iii) may be entitled to the provision of legal defense by the political subdivision in accordance with Section 63G-7-902.(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)(a) An attorney participating in a hearing before the commission shall comply with:(i) the Rules of Professional Conduct established by the Utah Supreme Court;(ii) the procedures and requirements of this chapter; and(iii) the directions of the chair and commission.(b) A violation of Subsection (3)(a) may constitute: (i) contempt of the commission under Section 63A-15-404; or(ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.Renumbered from §11-49-408 and amended by Chapter 461, 2018 General Session ,§ 29, eff. 5/8/2018.Added by Chapter 202, 2012 General Session ,§ 16, eff. 9/1/2012.