In re Gilbert

After the Utah State Bar's Office of Professional Conduct began an attorney discipline proceeding against Donald Gilbert, Gilbert moved to implead the Utah Down Syndrome Foundation pursuant to Utah R. Civ. P. 14(a). The district court granted the motion. The Foundation filed a motion for summary judgment challenging the propriety of impleader and claiming that res judicata barred the causes of action in Gilbert's third-party complaint. The district court denied the motion. The Supreme Court reversed the district court's denial of summary judgment, holding (1) the Standards for Imposing Lawyer Discipline do not permit litigation of collateral matters in attorney discipline proceedings; and (2) therefore, impleader was improper in this case. View "In re Gilbert" on Justia Law