A authorized group claiming Lawyer Common Sean Reyes has used his place as Utah’s prime legislation enforcement official to chase trivial lawsuits on behalf of former President Donald Trump has formally filed a criticism with Utah’s authorized oversight authority. However this isn’t the primary time Reyes has confronted the sort of criticism.
The 65 Undertaking – a self-described bipartisan group of attorneys who goal to carry different attorneys accountable for frivolous lawsuits following the 2020 presidential election – says they filed an ethics criticism on Wednesday towards Reyes, accusing him of misusing his workplace to “amplify false assertions and frivolous claims that lacked any foundation in legislation or truth,” in accordance with the group’s criticism.
Wednesday’s ethics criticism alleges Reyes violated state guidelines by partaking in authorized motion he ought to have recognized to be frivolous, saying “though attorneys, in fact, keep First Modification rights, the actions in query right here cross far past protected speech.”
“Mr. Reyes selected to supply his skilled license and public belief to Mr. Trump’s arsenal throughout the latter’s assault on our democracy,” the ethics criticism says. “He can’t be shielded from penalties of that call just because he holds excessive public workplace.”
The group of attorneys mentioned they filed the criticism to the Utah Workplace of Skilled Conduct (OPC), an workplace that fields complaints about bar-certified attorneys and may take disciplinary motion in the event that they deem essential.
In keeping with its web site, OPC is accountable for investigating allegations made towards attorneys for violating guidelines {of professional} conduct set in Utah State code. The OPC can also be accountable for prosecuting any allegations in district court docket that they deem essential.
The dedication of whether or not or not an legal professional has violated guidelines or deserves disciplinary motion isn’t as much as OPC. That call lies with the Utah Supreme Courtroom, both by means of the court docket’s Ethics and Self-discipline Committee or by means of the state’s district courts.
If the OPC investigation finds that Reyes’ conduct violated state legislation, the workplace may take him to Utah court docket. A choose there may then determine to acquit or reprimand the legal professional basic. If the district court docket choose or Utah Supreme Courtroom chooses the latter, Reyes may face a proper condemnation or have his legislation license revoked.
When reached for remark, a spokesman for the legal professional basic mentioned, “The AG’s Workplace feels the ethics criticism is ridiculous.”
For Reyes’ workplace, the allegations made within the criticism usually are not new.
In a letter dated April 12, 2021, and shared with The Salt Lake Tribune, OPC wrote to Reyes concerning “complaints” filed towards him in January 2021. The letter explains the complaints have been based mostly on Reyes’ determination to signal onto a lawsuit to the U.S. Supreme Courtroom.
That lawsuit, introduced ahead by Texas Lawyer Common Ken Paxton, requested the excessive court docket to invalidate election ends in Georgia, Michigan, Pennsylvania and Wisconsin. The U.S. Supreme Courtroom in the end dismissed the lawsuit, which Reyes mentioned was disappointing. Paxton is at present dealing with authorized motion from the Texas state bar over his lawsuit, in accordance with the Texas Tribune.
Of their letter, OPC mentioned that Reyes has defined that “attorneys usually are not precluded from asking for extension of legislation or being inventive in lawsuits and arguing novel authorized theories,” and Reyes maintained “the Texas Invoice of Grievance raised vital constitutional questions that different states had an curiosity in, together with Utah.”
“You may have impartial authority to characterize the pursuits of the State of Utah and its residents as a complete, which you believed you have been doing by becoming a member of the amicus transient,” the letter to Reyes mentioned. “Whereas many constituents disagreed together with your determination as evidenced by the complaints, it’s assumed that different constituents supported your determination.”
OPC later mentioned the investigation can be closed with out additional motion, including that “based mostly on (Reyes’) response and the associated court docket rulings and evaluation, decided that there’s not adequate proof to determine that your conduct rises to a violation of the Guidelines of Skilled Conduct.”
When contacted, a consultant of the OPC mentioned he couldn’t touch upon whether or not or not complaints have been filed towards particular people, together with Reyes. The consultant additionally mentioned OPC can’t touch upon earlier complaints which have since been closed.
Michael Teter, managing director of The 65 Undertaking, instructed The Tribune that the group has filed related ethics complaints towards 15 state attorneys basic and 55 whole ethics complaints. Teter, a former College of Utah legislation professor, mentioned the group is optimistic concerning the prospect of OPC investigating and prosecuting Reyes.
Along with the Texas lawsuit, Reyes additionally traveled to Nevada in late 2020 to analyze the state’s election. He later mentioned he believed there was proof of voting “irregularities” within the state. Then-Gov. Gary Herbert and Gov.-elect Spencer Cox decried Reyes’ go to to Nevada, calling the legal professional basic’s journey an “unwise” use of Utah taxpayer’s assets.
And earlier this week, Reyes signed on to a different court docket transient, additionally filed by Paxton, alleging the White Home searched Trump’s Mar-a-Lago residence for political acquire.
Teter, who lives in Utah and has been a state bar member since 2018, mentioned he was annoyed to see the state’s prime legal professional disregarding the authorized occupation for partisan causes.
“We need to do justice and we need to abide by the foundations {of professional} conduct, and to see the best rating lawyer in our state disregard that oath and disrespect these guidelines, largely for its personal political acquire, is irritating and angering,” Teter instructed The Tribune. “We need to be certain that, as attorneys, that there are penalties and accountability.”
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