§ 11-49-408. 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 may:

(i) but is not required to, retain legal representation during the complaint review process; and

(ii) 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)(ii), 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 11-49-404; or

(ii) a violation of the Rules of Professional Conduct subject to enforcement by the Utah State Bar.

Enacted by Chapter 202, 2012 General Session