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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
63-30c-1 "Public officer" defined.
As used in this chapter:
"Public officer" means a member of the Utah State Senate,
a member of the Utah State House of Representatives, the
governor, lieutenant governor, state auditor, state treasurer,
attorney general, or any justice or judge of a court of record.
1996
63-30c-2 Reimbursement of attorneys' fees and court costs in Article V lawsuits.
If any public officer is named as a defendant in a civil
suit that alleges a violation of Article V of the Utah Constitution,
and that lawsuit is dismissed or results in a judgment in
favor of the defendant, the public officer may, by complying
with the requirements and procedures of this chapter, submit
a claim to the state for reimbursement of his reasonable
attorneys' fees and court costs necessarily incurred in the
defense of that civil suit.
1987
63-30c-3 Procedure for submitting claim - Representation of certain public officers by named counsel - Certain claims barred.
(1) From and after July 1, 1987, within 30 days after he is served with a copy of the complaint, a public officer named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution shall provide the Legislative Management Committee and the legislative general counsel with the following information:
(a) a brief summary of the claims against him;
(b) the name of the attorney or law firm that will represent him;
(c) the estimated hourly fee that the attorney or law firm will charge for representing the public officer; and
(d) an estimate of the hours that the attorney projects are necessary to resolve the lawsuit.
(2) (a) Unless prohibited by the rules governing the conduct of attorneys adopted by the Utah Supreme Court under the authority of Article VIII, Sec. 4 of the Utah Constitution, the Office of the Attorney General, the Office of Legislative Research and General Counsel, or the general counsel for the judicial branch shall represent a public officer named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution if the Utah Constitution, statutes, or rules require that such representation be provided.
(b) If a public officer is represented by the Office of
the Attorney General, the Office of Legislative Research
and General Counsel, or the general counsel of the judicial
branch under Subsection (2)(a), the public officer may not
present a claim for attorneys' fees or court costs under
this chapter.
1987
63-30c-4 No review by Board of Examiners.
The Board of Examiners may not review any claims submitted
under the authority of this chapter.
1987
63-30c-5 Claim and bill given to legislative fiscal analyst and Office of Legislative Research and General Counsel - Independent review available - Private sources of funds to be considered - Power of Legislature to adjust or refuse claim.
(1) A public officer who meets the requirements of this chapter shall submit his claim for payment of attorneys' fees and court costs, and a copy of the bills that the public officer received from the attorney who represented him, to both the Office of the Legislative Fiscal Analyst and the Office of Legislative Research and General Counsel.
(2) Upon receipt of a claim from the public officer, the legislative fiscal analyst or the legislative general counsel may, at the direction of the Legislative Management Committee, submit the claim for attorneys' fees to an independent entity to review the attorneys' fees and to recommend an appropriate fee.
(3) In considering whether or not to pay the claim, the Legislature may consider whether or not there are other sources, including private sources, to pay the claim.
(4) The Legislature may pay the claim in full, adjust
the claim, or refuse to pay the claim.
1987
63-30c-6 Retrospective application of chapter.
This chapter applies to any claim arising prior to the
effective date of this chapter if that claim is filed with
the Legislature within two years after the lawsuit was filed.
1987
