To: The Utah State House, The Utah State Senate, and Governor Gary R. Herbert
UTAH ATTORNEY INTEGRITY AND ACCOUNTABILITY LAW
2013 Utah Lawyer Integrity and Accountability law
Basic Law: Pursuant to the Attorney Oath taken at the time of admission to the Utah Bar and licensing to practice law in the State of Utah, a lawyer shall be deemed under oath at any time he addresses the court. This shall apply to all Utah Attorneys in any capacity, whether in private practice or as an employee of any other entity or organization. In addition, an attorney :
1) Shall not make a false statement of material fact or law to a tribunal.
2) Shall not fail to disclose a material fact to a tribunal when disclosure
is necessary to avoid assisting a criminal or fraudulent act by the client.
3) Shall not offer evidence that the lawyer knows to be false.
4) Shall, in the event that he has offered material evidence and comes to know of its
falsity, take reasonable remedial measures to correct that falsity
and to mitigate the damage to the harmed party.
5) Shall present no false evidence -- When evidence that a lawyer knows to be false is
provided by a person who is not the client, the lawyer must refuse to
offer it regardless of the client's wishes.
6) Shall disclose the existence of the client's deception to the
court or to the other party.
7) Shall disclose the existence of perjury with respect to a
material fact, even that of a client.
9) Shall have the authority to refuse to offer testimony or other proof that
the lawyer believes is untrustworthy.
10) Shall have a special obligation to protect a tribunal against criminal or fraudulent
conduct.
Therefore, any attorney as an officer of the court, including all private and/or government attorneys who have taken the Utah Attorney Oath shall be bound by law to the commitments thereby sworn.
Penalties: Any such attorney and officer of the court found guilty of material dishonesty, to wit, any dishonesty that is instrumental in obtaining a court decision, ruling, or order, in violation of the aforementioned rules, shall be deemed in violation of the Laws of the State of Utah and shall be guilty of a misdemeanor, the level of which shall be determined by the damage to the party so wronged by the dishonesty, and such a conviction shall be basis for a civil suit with treble damages.
______________________________________________________________________________________________
Michael S. Robinson
12299 South 2090 West
Riverton, Utah 84065
home 801 523-0308
cell 801 403-6450
Basic Law: Pursuant to the Attorney Oath taken at the time of admission to the Utah Bar and licensing to practice law in the State of Utah, a lawyer shall be deemed under oath at any time he addresses the court. This shall apply to all Utah Attorneys in any capacity, whether in private practice or as an employee of any other entity or organization. In addition, an attorney :
1) Shall not make a false statement of material fact or law to a tribunal.
2) Shall not fail to disclose a material fact to a tribunal when disclosure
is necessary to avoid assisting a criminal or fraudulent act by the client.
3) Shall not offer evidence that the lawyer knows to be false.
4) Shall, in the event that he has offered material evidence and comes to know of its
falsity, take reasonable remedial measures to correct that falsity
and to mitigate the damage to the harmed party.
5) Shall present no false evidence -- When evidence that a lawyer knows to be false is
provided by a person who is not the client, the lawyer must refuse to
offer it regardless of the client's wishes.
6) Shall disclose the existence of the client's deception to the
court or to the other party.
7) Shall disclose the existence of perjury with respect to a
material fact, even that of a client.
9) Shall have the authority to refuse to offer testimony or other proof that
the lawyer believes is untrustworthy.
10) Shall have a special obligation to protect a tribunal against criminal or fraudulent
conduct.
Therefore, any attorney as an officer of the court, including all private and/or government attorneys who have taken the Utah Attorney Oath shall be bound by law to the commitments thereby sworn.
Penalties: Any such attorney and officer of the court found guilty of material dishonesty, to wit, any dishonesty that is instrumental in obtaining a court decision, ruling, or order, in violation of the aforementioned rules, shall be deemed in violation of the Laws of the State of Utah and shall be guilty of a misdemeanor, the level of which shall be determined by the damage to the party so wronged by the dishonesty, and such a conviction shall be basis for a civil suit with treble damages.
______________________________________________________________________________________________
Michael S. Robinson
12299 South 2090 West
Riverton, Utah 84065
home 801 523-0308
cell 801 403-6450
Why is this important?
Attorneys should be deemed to be under oath during court proceedings, and should be held accountable when they lie to the judge. There are no enforceable laws in Utah that demand attorney honesty. Because the rights to due process and an impartial and equitable court system are Constitutionally guaranteed, it is in the interest of all Utahns to make sure court decisions are not based on an attorney's lies