General Provisions

Utah Code tit. 75E, ch. 75E-8, pt. 75E-8-P1

in effect

Utah Code § 75E-8-101 Definitions for chapter.

75E-8-101. Definitions for chapter. As used in this chapter: (1) "Commission" means the Prosecutor Conduct Commission created in Section 75E-8-102. (2) "Complaint" means: (a) a written complaint regarding professional misconduct by a prosecuting attorney; or (b) an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a prosecuting attorney has committed professional misconduct. (3) "Employer" means: (a) except as provided in Subsection (3)(b), the attorney general, a district attorney, a county attorney, or a municipal attorney who employs the prosecuting attorney; or (b) the chief executive officer of the political subdivision that employs the prosecuting attorney if the prosecuting attorney is a district or county attorney or a municipal attorney. (4) "Investigation" means an inquiry into a complaint. (5) "Knowingly" means taking an action, or failing to take an action, with the knowledge that the natural or probable consequences are unambiguously prohibited by a legal obligation or professional standard. (6) "Legal obligation" means an obligation imposed by the Utah Constitution, the Constitution of the United States, a statute, a rule of procedure or evidence, or a local rule. (7) "Professional misconduct" means conduct committed in the course of a prosecution of a felony offense, a class A misdemeanor offense, or a class B misdemeanor offense that: (a) purposefully, knowingly, or recklessly violated a clear and unambiguous legal obligation or professional standard for a prosecuting attorney; and (b) impacted, or reasonably could have impacted, the substantive or procedural due process rights of an individual. (8) "Professional standard" means a standard of conduct imposed by the Utah Rules of Professional Conduct. (9) "Prosecuting attorney" means an attorney who brings a criminal prosecution or delinquency proceeding on behalf of this state or a county or municipality of this state. (10) "Purposefully" means taking an action, or failing to take an action, in order to obtain a result that is unambiguously prohibited by a legal obligation or professional standard. (11) "Recklessly" means the conduct is a gross deviation from the standard of conduct for an objectively reasonable prosecuting attorney: (a) after considering the nature and the circumstances of a prosecuting attorney's conduct; and (b) by taking into account whether the prosecuting attorney knew, or should have known: (i) based on the prosecuting attorney's experience, of the legal obligation or professional standard; and (ii) the prosecuting attorney's conduct was substantially likely to violate a legal obligation or professional standard. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-8-102 Prosecutor Conduct Commission -- Members -- Terms -- Compensation -- Staff.

75E-8-102. Prosecutor Conduct Commission -- Members -- Terms -- Compensation -- Staff. (1) There is created the Prosecutor Conduct Commission within the department. (2) The commission is composed of six members as follows: (a) an attorney appointed by the attorney general, with the advice and consent of the Senate, who has experience prosecuting criminal offenses; (b) an attorney appointed by the Statewide Association of Prosecutors and Public Attorneys, with the advice and consent of the Senate, who has experience prosecuting criminal offenses; (c) an attorney appointed by the Statewide Association of Prosecutors and Public Attorneys, with the advice and consent of the Senate, who has experience prosecuting misdemeanor criminal offenses; (d) a retired attorney whose primary caseload as an attorney was criminal defense, appointed by the commissioner with the advice and consent of the Senate; and (e) two retired district or appellate court judges, appointed by the governor with the advice and consent of the Senate. (3) (a) Except as provided in Subsection (4), a member appointed under Subsection (2) shall serve a four-year term. (b) A member may serve no more than eight years. (4) At the time of appointment, the terms of commission members shall be staggered so that approximately half of commission members' terms expire every two years. (5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the same appointing authority that appointed the member creating the vacancy. (6) (a) Three members of the commission constitutes a quorum. (b) If a quorum is present, the action of a majority of the quorum constitutes the action of the commission. (7) (a) The commission shall annually elect a chair from the commission's membership to serve a two-year term. (b) A commission member may not serve as chair of the commission for more than three consecutive terms. (8) The commission shall establish guidelines and procedures for the disqualification of any member from consideration of any matter. (9) (a) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (b) A member may not receive per diem or reimbursement for travel expenses under Subsection (9)(a) if the member is being paid by a governmental entity while performing the member's service on the commission. (10) (a) The executive director of the Commission on Criminal and Juvenile Justice shall hire a director to administer and manage the work of the commission. (b) With approval by the executive director of the Commission on Criminal and Juvenile Justice, the director may hire staff to assist the director and commission with the work of the commission. (11) The commission and the director of the commission shall coordinate with the department on budget and administrative support issues for the commission. Renumbered and Amended by Chapter 291, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75E/Chapter8/75E-8-P1.html?v=C75E-8-P1_2026050620260701Fetched: 10/26/2026