Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 235 (2019GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/27/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that, if the commission determines that all allegations made against an executive branch elected official are without merit, the executive branch elected official may request payment, by the state, of reasonable attorney fees and costs for legal representation during the complaint review process.

Every vote on this bill

Bill text

EXECUTIVE BRANCH ETHICS COMMISSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill amends provisions relating to the Executive Branch Ethics Commission.
Highlighted Provisions:
This bill:
▸ provides that, if the commission determines that all allegations made against an
executive branch elected official are without merit, the executive branch elected
official may request payment, by the state, of reasonable attorney fees and costs for
legal representation during the complaint review process.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-14-708
, as enacted by Laws of Utah 2013, Chapter 426
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-14-708
 is amended to read:
63A-14-708.
Attorney fees and costs.
(1) A complainant:
(a) may, but is not required to, retain legal representation during the complaint review
process; and
(b) is responsible for payment of the complainant's attorney fees and costs incurred.
(2) A respondent:
(a) may, but is not required to, retain legal representation during the complaint review
process; and
(b) 
except as provided in Subsection (3),
 is responsible for payment of the respondent's
attorney fees and costs incurred.
(3) (a) If the commission determines that all allegations in the complaint are without
merit, the respondent may file a request with the Executive Appropriations Committee of the
Legislature for the payment of reasonable attorney fees and costs for legal representation during
the complaint review process.
(b) If the Executive Appropriations Committee of the Legislature receives a request
described in Subsection (3)(a), the Legislature may appropriate money to reimburse the
respondent for some or all of the reasonable attorney fees and costs described in Subsection
(3)(a).
[
(3)
] 
(4)
 An attorney who participates in a hearing before the commission shall comply
with:
(a) the Rules of Professional Conduct established by the Utah Supreme Court;
(b) the procedures and requirements of this chapter; and
(c) the directions of the chair and the commission.
[
(4)
] 
(5)
 A violation of Subsection [
(3)
] 
(4)
 may constitute:
(a) contempt of the commission under Section 
63A-14-705
; or
(b) a violation of the Rules of Professional Conduct, subject to enforcement by the
Utah State Bar.