Utah Courts Ethics Advisory Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Utah Courts Ethics Advisory Committee, with full citations and source links on every page.
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May a Utah problem-solving court require treatment with one provider without a rotating provider list?
Utah Judicial Ethics Informal Opinion 25-1 permits a judge to require a participant to complete a treatment plan developed by others, even with one provider, when the plan uses reasonable, unbiased…
Could a Utah judge serve on a city arts council board organized as a separate nonprofit corporation?
No. The Committee treated the city-controlled arts council board as a governmental position, or at least a government-sponsored activity, without the required connection to law or court administration.
Could a Utah judge publicly advocate for ratification of the Equal Rights Amendment?
No. The Committee said a judge could not publicly support or oppose the proposed amendment or join activities promoting its ratification, while distinguishing efforts to advance equality within the…
Could a Utah courthouse display photographs of current county bar members but exclude other practicing lawyers?
No. The Committee said the selective display could suggest that featured lawyers had court favor or influence. It distinguished a historical display of retired lawyers without current-firm references.
Could a Utah judge shake a criminal defendant's hand before the venire to teach the presumption of innocence?
No, for the described practice. The Committee said the gesture and case-specific remarks could undermine the appearance of neutrality even if the judge explained that no favoritism was intended.
Could a Utah judge give police officers an integrity presentation about investigations or testimony?
No. The Committee said the single-component law-enforcement audience and subject matter could suggest special influence with the judiciary; a civil-only docket, broader wording or a few city…
Could a Utah part-time justice court judge continue as a bankruptcy trustee after becoming a full-time judge?
No. The Committee classified bankruptcy trusteeship as a fiduciary position barred to full-time judges by Rule 3.8 and said a judge moving to full-time service must comply as soon as reasonably…
Must Utah Supreme Court justices recuse when a litigant's case names three of them as defendants?
The three named justices had to recuse. The Committee allowed the two unnamed colleagues to hear this appeal because it involved judicial acts and the opinion found no personal-bias factor…
Could a part-time Utah justice court judge also adjudicate workers' compensation or labor cases?
Yes, subject to constitutional limits and avoiding overlap with justice-court cases. The Committee required recusal from related small-claims matters and an end to the outside job if recusal became…
Could a Utah judge serve on a judicial advisory council tied to a juvenile defender organization?
No. Despite the council's judge membership and court-focused projects, the Committee found its direct connection to a juvenile-defense organization created an appearance inconsistent with judicial…
Did omitting a judge's title allow political comments or fundraising for a civic organization under Utah's 2016 opinion?
No. The Committee said judicial ethics limits applied off the bench and without a title or under a pen name; it also distinguished mere fundraiser attendance from speaking, public thanks or…
Could a Utah judge cast a presidential primary vote connected with a party caucus without attending the meeting?
Yes, under the 2016 process described. The Committee allowed voting separate from the caucus meeting, even when party registration was needed, while retaining the prohibition on attending the…
Could a full-time Utah judge preside over a civic organization issuing political statements, pending-case comments and fundraiser publicity?
No, on the website activities the Committee reviewed. It found the organization's legislative advocacy, pending-case comments, candidate criticism and fundraiser publicity incompatible with the…
Could a Utah drug court judge write an agent's supervisors to thank the agent for court work when the agent might later testify?
Yes, in general terms. The Committee allowed a simple expression of appreciation for the agent's drug-court work but barred language suggesting the judge had assessed the agent's truthfulness or…
Did Utah's 2012 opinion allow judges to connect with lawyers on social media and use LinkedIn recommendations?
It allowed ordinary online connections without automatic recusal, but made context and contact frequency decisive. It barred recommending a lawyer who regularly appeared before the judge and…
Could a Utah court refer defendants to service providers from a preapproved roster?
Yes. The Committee allowed an open roster with reasonable, unbiased criteria tied to court needs, followed by neutral referrals through rotation or defendant choice; departures from rotation needed…
May a Utah judge privately advise siblings about an estate claim, negotiate for them, or recommend counsel?
The Committee allowed private legal advice to siblings with a close familial relationship, but not negotiations on their behalf. It allowed retaining or recommending counsel and distinguished…
May a Utah judge perform a marriage for a lawyer or party with a pending case, or for their relative?
Yes. The Committee said those marriages are generally permitted, while cautioning that a ceremony likely to affect a pending case can raise public-confidence concerns.
Could a Utah juvenile judge speak to parenting, foster-care, school, CASA and detention groups?
Yes, subject to the opinion's limits. The judge could address the listed groups about the judicial system and office, while avoiding pending cases, legal advice, bias and discussion benefiting only…
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Legal ethics opinions from the Utah Courts Ethics Advisory Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.