Utah State Bar v. Brian W. Steffensen

Summary

The Utah Supreme Court affirmed the use of a preponderance-of-the-evidence standard in an attorney discipline proceeding alleging violation of Utah Rule of Professional Conduct 8.4(b). The court held that Utah Rule of Judicial Administration 14-517 expressly requires formal misconduct complaints to be established by a preponderance of the evidence and rejected the argument that the phrase “criminal act” implicitly required proof beyond a reasonable doubt.

Holdings

1. A formal complaint of attorney misconduct, including a charge that the lawyer committed a criminal act in violation of Rule 8.4(b), must be established by a preponderance of the evidence under Utah Rule of Judicial Administration 14-517(b).
2. Due process does not require the court to override the clear preponderance standard established by Rule 14-517(b) in an attorney-discipline proceeding alleging a criminal act.

Questions Presented

1. Whether a formal attorney-discipline complaint alleging that a lawyer committed a criminal act under Utah Rule of Professional Conduct 8.4(b) must be proved beyond a reasonable doubt or under a higher standard than preponderance of the evidence.
2. Whether due process or Rule 8.4(b)'s reference to a criminal act overrides Utah Rule of Judicial Administration 14-517(b)'s express requirement that formal complaints of misconduct be established by a preponderance of the evidence.

Disposition

affirmed