Complaint and investigation process

(1) (a) A prosecuting attorney shall report: (i) any alleged professional misconduct by another prosecuting attorney to that prosecuting attorney's employer; and (ii) any statement by a judge or magistrate alleging that another prosecuting attorney has committed professional misconduct to that prosecuting attorney's employer. (b) An employer of a prosecuting attorney shall: (i) investigate any alleged professional misconduct by a prosecuting attorney; and (ii) submit a complaint regarding the professional misconduct to the commission if the employer determines that the allegation is substantiated. (2) An individual may submit a complaint to the commission alleging that a prosecuting attorney has committed professional misconduct. (3) On a motion by a member of the commission, the commission may initiate an investigation of alleged professional misconduct by a prosecuting attorney if the commission determines that a complaint, if substantiated, would lead to a finding of professional misconduct by the prosecuting attorney. (4) (a) The commission may dismiss a complaint at any time if the commission determines that the complaint lacks merit. (b) If a complaint submitted by an individual is dismissed, the commission shall notify the individual who submitted the complaint. (5) The commission may investigate a complaint even if the prosecuting attorney has retired or resigned. (6) If the commission moves to initiate an investigation of alleged professional misconduct by a prosecuting attorney, the commission shall: (a) notify the prosecuting attorney and the prosecuting attorney's employer of the investigation; and (b) provide the prosecuting attorney with all information necessary to prepare an adequate response or defense, including the identity of the complainant. (7) If the committee dismisses an investigation after notifying the prosecuting attorney as described in Subsection (4), the commission shall notify the prosecuting attorney of the dismissal. (8) A prospective employer may inquire of the commission as to whether there is a pending investigation against a prosecuting attorney. (9) (a) In the course of an investigation, the commission may request that the prosecuting attorney testify before the commission. (b) The prosecuting attorney's counsel may be present during the prosecuting attorney's testimony. (c) The prosecuting attorney may present evidence and material relevant to the complaint. (10) A governmental entity may provide the commission with a record as described in Section 63G-2-206. (11) (a) A prosecuting agency, and an employee of a prosecuting agency, shall: (i) cooperate with the commission in an investigation of a prosecuting attorney; and (ii) respond truthfully to questions posed during the course of an investigation unless: (A) the information is privileged or protected by statute or court rule; or (B) the employee asserts the employee's constitutional right to remain silent. (b) A prosecuting agency may subject an employee to discipline, including termination, if the employee refuses to cooperate with an investigation by the commission. (c) The dismissal or demotion of a career service employee under Subsection (11)(b) is subject to the requirements of Section 63A-17-306.