In re Discipline of Brian W. Steffensen

Summary

The Utah Supreme Court affirmed the disbarment of Brian W. Steffensen based on violations of Utah Rule of Professional Conduct 8.4(b) and (c), concluding that presumptive disbarment was appropriate for the dishonest conduct. The court also affirmed the denial of Steffensen’s motions concerning judicial disqualification, prosecutorial misconduct, a continuance, reopening the evidence, and vacating prior orders.

Holdings

1. Disbarment is the appropriate presumptive sanction under Supreme Court Rules of Professional Practice 14-605(a)(3) when a lawyer intentionally engages in misconduct involving dishonesty, fraud, deceit, or misrepresentation that seriously adversely reflects on the lawyer's fitness to practice law, including intentional failure to remit tax withholdings held in a fiduciary or fiduciary-like capacity.
2. The district court did not abuse its discretion in denying Steffensen's motions concerning disqualification, alleged prosecutorial misconduct, and a continuance.
3. When an appellate court remands with narrowing instructions to decide specified issues, the lower court may not reconsider other issues or reopen the proceedings beyond the scope of the mandate.

Questions Presented

1. Whether disbarment was an appropriate sanction for Steffensen's violation of Utah Rule of Professional Conduct 8.4(c) under Supreme Court Rules of Professional Practice 14-605(a)(3).
2. Whether the district court abused its discretion in denying Steffensen's motions concerning judicial disqualification, alleged prosecutorial misconduct, and a continuance.
3. Whether the mandate rule barred Steffensen's motions to stay the proceedings, reopen the evidence, and vacate prior orders.

Disposition

affirmed