{"data":{"id":"us-ut/utah-code-75e-8-101","jurisdiction":"us-ut","citation":"Utah Code § 75E-8-101","heading":"Definitions for chapter.","body":"As used in this chapter:\n(1) \"Commission\" means the Prosecutor Conduct Commission created in Section 75E-8-102.\n(2) \"Complaint\" means:\n(a) a written complaint regarding professional misconduct by a prosecuting attorney; or\n(b) an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a prosecuting attorney has committed professional misconduct.\n(3) \"Employer\" means:\n(a) except as provided in Subsection (3)(b), the attorney general, a district attorney, a county attorney, or a municipal attorney who employs the prosecuting attorney; or\n(b) the chief executive officer of the political subdivision that employs the prosecuting attorney if the prosecuting attorney is a district or county attorney or a municipal attorney.\n(4) \"Investigation\" means an inquiry into a complaint.\n(5) \"Knowingly\" means taking an action, or failing to take an action, with the knowledge that the natural or probable consequences are unambiguously prohibited by a legal obligation or professional standard.\n(6) \"Legal obligation\" means an obligation imposed by the Utah Constitution, the Constitution of the United States, a statute, a rule of procedure or evidence, or a local rule.\n(7) \"Professional misconduct\" means conduct committed in the course of a prosecution of a felony offense, a class A misdemeanor offense, or a class B misdemeanor offense that:\n(a) purposefully, knowingly, or recklessly violated a clear and unambiguous legal obligation or professional standard for a prosecuting attorney; and\n(b) impacted, or reasonably could have impacted, the substantive or procedural due process rights of an individual.\n(8) \"Professional standard\" means a standard of conduct imposed by the Utah Rules of Professional Conduct.\n(9) \"Prosecuting attorney\" means an attorney who brings a criminal prosecution or delinquency proceeding on behalf of this state or a county or municipality of this state.\n(10) \"Purposefully\" means taking an action, or failing to take an action, in order to obtain a result that is unambiguously prohibited by a legal obligation or professional standard.\n(11) \"Recklessly\" means the conduct is a gross deviation from the standard of conduct for an objectively reasonable prosecuting attorney:\n(a) after considering the nature and the circumstances of a prosecuting attorney's conduct; and\n(b) by taking into account whether the prosecuting attorney knew, or should have known:\n(i) based on the prosecuting attorney's experience, of the legal obligation or professional standard; and\n(ii) the prosecuting attorney's conduct was substantially likely to violate a legal obligation or professional standard.","path":["Title 75E Criminal and Juvenile Justice Administration","Chapter 75E-8 Prosecutor Conduct Commission","Part 75E-8-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title75E/Chapter8/75E-8-S101.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"5cc4b7ff4f8707654a23d7a58247d04c81e02f3fb589cee5bb2e27386eb027b1","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75e-7-202","next":"us-ut/utah-code-75e-8-102"},"notice":"GroundRules: Original legal text. Not legal advice."}