In the Matter of the Discipline of David Leavitt
In The Matter of the Discipline of David Leavitt, 2025 UT 46 (Petersen, J.)
Attorney Discipline
The Utah Supreme Court held:
- Prosecutor’s statements at press conference violated rule 3.6 of the Utah Rules of Professional Conduct.
- A public reprimand was the appropriate sanction.
- Judicial tip: When determining whether a lawyer has violated rule 3.6, courts and disciplinary bodies must consider the specific statements made and the surrounding circumstances.
- Practice tip: For purposes of the sanctions rules, a knowing mental state requires actual knowledge of the fact at issue whereas “should have known” equates to a negligent mental state.