Pardons (Board Of), Administration

Rule R671-103

Attorneys

Notice of Proposed Rule

(New Rule)

DAR File No.: 34118
Filed: 09/28/2010 07:43:07 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule clarifies the role of attorneys participating in Board of Pardons proceedings.

Summary of the rule or change:

This rule clarifies the role of attorneys participating in Board of Pardons proceedings and outlines qualifications they must meet in order to do so.

State statutory or constitutional authorization for this rule:

• Section 77-27-5
• Section 78A-9-103
• Section 77-27-9

Anticipated cost or savings to:

the state budget:

It has been determined that the state's budget will not be affected by this new rule because it is only a role clarification.

local governments:

It has been determined that local government's budget will not be affected by this new rule because it is only a role clarification.

small businesses:

It has been determined that the budgets of small businesses will not be affected by this new rule because it is only a role clarification.

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

It has been determined that the budgets of other persons will not be affected by this new rule because it is only a role clarification.

Compliance costs for affected persons:

There are no compliance costs for affected persons because this rule is simply a role clarification.

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

There will be no fiscal impact to any state or municipal department, agency, or entity.

Clark A. 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)
Administration
448 E 6400 S
SALT LAKE CITY, UT 84107-8530

Direct questions regarding this rule to:

• John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov

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:

11/15/2010

This rule may become effective on:

11/22/2010

Authorized by:

Clark Harms, Chairman

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.

 

R671-103-2. Prohibiting Attorney Appearance and Representation.

(1) The Board may prohibit any attorney from representing any offender before the Board if the Board determines that the attorney:

(a) has violated any federal, state or local law or ordinance;

(b) is disbarred or suspended in Utah or any other jurisdiction;

(c) is not currently licensed by, or is not in good standing with, the Utah State Bar;

(d) has violated any rule or regulation of the Department of Corrections regarding facility integrity or security;

(e) has violated any of the Rules of Professional Responsibility as promulgated by the Utah Supreme Court; or

(f) has violated any of the Board's Administrative Rules.

 

KEY: parole, inmates, attorneys

Date of Enactment or Last Substantive Amendment: 2010

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