Rule 1-104. Procedures Pertaining to the Practice of Law

Intent:

To establish procedures for adopting or modifying rules pertaining to the practice of law.

Applicability:

This rule shall apply to the Supreme Court, the Administrative Office of the Courts, the Utah State Bar, the Supreme Court Board of Continuing Legal Education, and the Supreme Court Ethics and Discipline Committee.

Statement of the Rule:

(1) Petitions. Petitions for the adoption, repeal or amendment of rules or procedures governing, affecting, or pertaining to the practice of law, other than the rules of professional conduct, shall be filed with the Supreme Court. Petitions shall set forth the proposed rule or amendment or the text of the rule proposed for repeal and shall specify the need for and anticipated effect of the proposal.

(2) Publication. If, after preliminary review of the petition, the Supreme Court determines the proposed adoption, repeal or amendment of a rule may be warranted, it will submit the proposal to the Administrative Office of the Courts to be published for a 45-day comment period.

(3) Distribution. Distribution of the proposed rule or amendments shall be as provided in Rule11-106.

(4) Supreme Court review. Upon the expiration of the comment period, the Administrative Office of the Courts shall compile all of the written comment received and forward it to the Supreme Court.

(5) Petitioner’s review. Following receipt of the written comment, the Supreme Court shall submit a copy of the comments to the entity who filed the petition seeking the rule change. Petitioner shall review the comments and recommend any final modification to the rules or procedures. Once petitioner has completed its review, it shall submit a memorandum to the Supreme Court containing the petitioner’s final proposals, a summary of the public comment, and the petitioner’s recommendations in response to the public comment.