Legislator’s Check List to Responding to an Ethics Complaint
- Within five days of receiving a complaint, the Independent Legislative Ethics Commission will determine if the complaint complies with the requirements of the rule and accept the complaint. (JR6-4-101(3)(a))
- After acceptance of a complaint, the Independent Legislative Ethics Commission will promptly forward the complaint to the legislator named in the complaint for response. (JR6-4-101(3)(d))
- The legislator has 30 days from receipt of the complaint to file a written response. This response must contain the following information: (JR6-4-103(2))
- Name, address and telephone number of the respondent
- An affirmative defense to each allegation including supporting facts provided by affidavit.
- Copies of official records or documentary evidence
- A list of witnesses that the respondent wishes to have called
- A brief summary of the testimony to be provided by each witness
- A specific description of any document or evidence to be produced
- A statement that the respondent has reviewed the response and believes the contents to be true and accurate
- The affidavits accompanying the response must contain the following information: (JR6-4-103(2)(i))
- The name, address and telephone number of the signer
- A statement that the signer has actual knowledge of the facts in the affidavit
- The facts testified to by the signer
- A statement that the affidavit is true and correct and that false statements are subject to perjury
- The signature of the signer
- Should the respondent want the Independent Ethics Commission to subpoena a witness for testimony, a list of those witnesses, their addresses and telephone numbers should be provided to the Commission no later than 15 days after the respondent receives the complaint.
This guide is for reference only. For actual language and requirements of the rules themselves, see Legislative Joint Rule Title 6, Legislative Ethics and Adjudication of Ethics Complaints at www.ethics.utah.gov.