Utah Attorney Integrity and Accountability Law: Make it a crime for an Attorney to lie to the Court

Dear Friends,

This is a simplified version of the first petition I created relating to attorney deceit in the courts. This will be easier to understand, although a copy of the proposed law I drafted is posted after this background information. With only a month left in the 2013 Utah Legislative Session, we need your help ASAP.
Lawyers are not considered to be under oath, even though they are sworn to honesty when admitted to practice law in Utah. This law would create criminal consequences for any attorney who seeks to deceive the court..
Those crimes addressed by this proposed law can make the difference between fair and unfair rulings and verdicts. By taking action against attorneys who mislead judges and damage the integrity of the court, we can assert our right to expect a level playing field for each party in a case.
When an attorney is determined to have lied to a court, the Utah Bar Association is responsible for disciplinary action. But because the Bar is comprised of other attorneys, it is unlikely that any significant discipline will be dispensed. (Source: 2011-2012 Utah Bar Association Fiscal Year Report) Utah's ethical enforcement agencies got an "F" grade from the Center On Public Integrity, a national organization that determines each state's risk for corruption in government and the courts. That same organization gave Utah a "D-" on judicial accountability. Why?
Twelve other states have passed Attorney Deceit laws. Just as Utah is considered one of the top "fraud" states, its geographic isolation and the dominance of cultural and religious bonds have made it more at risk for frauds upon the court by unscrupulous attorneys.
You can help make Utah a better place by supporting this landmark change. Make attorneys accountable for ethical standards. MAKE IT THE LAW.

Michael Robinson, Sr.
Riverton, Utah
801 403-6450

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Basics of the Utah Attorney Integrity and Accountability Law (proposed)

Drafted by Michael Robinson, Sr., Riverton, Utah 84065, 801 403-6450

1) Pursuant to the Utah Attorney Oath, and in recognition that all Utah attorneys have been thus sworn, every attorney shall be under oath in any and all his duties for which a license to practice law or admission to the Utah State Bar is required, regardless of the nature of his employment or the entity or entities by which he is employed.
2) An attorney shall:
A. not make any false statement of material fact or law
B. not fail to disclose a material fact when disclosure is necessary to avoid assisting in a criminal or fraudulent act by the client
C. not offer evidence that the lawyer knows to be false
D. in the event that he has offered such evidence and discovers its
falsity, take reasonable remedial measures to correct that falsity and
mitigate the damage to the harmed party
E. present no false evidence regardless of the client’s wishes
F. disclose his client’s deception to the court or to the other party
G. disclose the existence of perjury with respect to material fact, even that of a client
H. have the authority to refuse to provide evidence or proof he knows to be untrustworthy
I. have a special obligation to protect the judicial system against fraudulent or criminal conduct
3) Having been admitted to practice law in Utah, every Judge, Commissioner, and Magistrate shall fully and promptly investigate documented allegations of the wrongdoings specified above which have any possible detriment to any litigant in a civil action and to any defendant in a criminal case.
4) Each judge or officer of the court shall be responsible to sua sponte reverse any and all judgments or sentences arising out of or relating in any way to a violation of this statute as necessary to ensure fair and equitable treatment under the law.
5) Any and every attorney acting in any capacity for which a license to practice law or admission to the Utah State Bar is required, regardless of the nature of his employment or the entity or entities by which he is employed, who is guilty of any violation of the requirements above, or who is guilty of deceit or collusion or consents to any deceit or collusion with intent to deceive the court or a party is guilty of a misdemeanor and is liable to the party injured by the violation, deceit or collusion, for treble damages.
6) Any attorney found guilty of such misdemeanor shall be referred to the State Bar Association for discipline, suspension, or disbarment, depending on the severity of the offense and the Bar Association shall be required to impose disciplinary action.
7) As to any act predating this legislation which would be a violation of it after the effective date of this legislation, and which had or may have had any effect on the issuance, fairness or correctness of any judgment or sentence:
a. Every person, acting in any capacity for which a license to practice law or admission to the Utah State Bar is required, who has committed any such an act has an affirmative duty to disclose every such act as a sworn statement to the Judicial Conduct Commission, the State Bar Association, the District Attorney of the county in which the act was committed, and to each opposing counsel [whose client was or may have been detrimented by such acts] of the complete detail, scope and extent of each such act on or before 90 days following the effective date of this legislation.
i. Complete and truthful disclosure of each such prior act is an absolute bar to criminal prosecution of the disclosing party.
ii. Failure to make full and truthful disclosure within 90 days of the effective date of this legislation constitutes criminal conduct as follows:
8) Each act so concealed or not fully and truthfully disclosed, as required in paragraph 7, is a
ii. third degree felony if the concealed or undisclosed conduct caused, causes or was or is intended t...