Utah Law and History
Official seal will be affixed to oath after the administration of the oath.
Attorney oaths should be practical in several ways:
Upholding Professional Ethics: The primary purpose of attorney oaths is to ensure that attorneys commit themselves to uphold a high standard of professional ethics in their practice. This includes, among other things, a commitment to truthfulness, integrity, and respecting the rights of their clients.
Protecting Client Interests: The oath often requires attorneys to pledge their commitment to their clients, ensuring that they will act in their clients' best interests, keep their confidences, and provide competent representation.
Maintaining Public Confidence: The oath can help maintain public confidence in the legal profession by signaling that attorneys have sworn to adhere to a strict code of conduct.
Enhancing the Administration of Justice: By pledging to uphold the constitution and the laws of the jurisdiction, attorney oaths serve to enhance the overall administration of justice in society.
Accountability: The oath serves as a constant reminder to attorneys of their obligations and responsibilities, thereby increasing their accountability.
It should be noted that while attorney oaths are practical and important, they are not a guarantee against unprofessional or unethical conduct. It is the job of disciplinary bodies to enforce these ethical standards and take action when violations occur.
Utah Constitution
Utah's history is intricately woven with the narrative of a religious community seeking refuge from persecution. in 1846, the Mormons, member of the Church of Jesus Christ of Latter Day Saints, found themselves expelled from Illinois. Their leader, Brigham Young, led an exodus that culminated in their arrival to Salt Lake Valley in July 1847, at the time still Mexican territory.
The end of the Mexican war in 1848, and the subsequent negotiation, saw Utah becoming a U.S. territory in 1850 as part of the Compromise of 1850. However, this did not end the hardships for the Mormon settlers. There were consistent and violent clashed between the Federal Government and the Mormon community, escalating until the enactment of the Edmunds-Tucker Act in 1887. This legislation dismantled the LDS Church's corporate entity and led to the seizure of Church property by the Federal Government.
Significant change came in 1890 when Wilford Woodruff, the President of the Mormon Church, issued a proclamation known as the Manifesto. This effectively ended the practice of plural marriages with in the LDS Church, and contentious issue that had often fueled the dispute with the Federal Government.
Following this landmark declaration, Utah's statehood was fast-tracked. The Utah Constitution was ratified in November 5, 1895, and the official admission of Utah into the Union followed shortly after, with the presidential proclamation issued on January 4, 1896. A notable element of the Utah Constitution is Article 3, which expressly prohibits polygamous or plural marriages, reflecting the dramatic shift with in the LDS Church.
The Constitution of the State of Utah now forms the bedrock of the state's legal and governmental framework. While similar to the U.S. Constitution in that it can be amended through the agreement of the state legislature and majority vote by Utah citizens, it also bound by the U.S. Constitution and must not violate any federally established rights or laws. The delicate balance between state and federal law remains a hallmark of Utah's unique constitutional history.
In cases where a fee waiver is being considered or needed, the Utah court system offers the possibility of exempting specific fees. However, it's crucial to be aware that there are certain fees which remain ineligible for waiver.
Utah Courts Instruction for Fee waivers