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Utah Supreme Court weighs whether POST disciplinary proceedings fall under civil statute of limitations
Summary
At oral argument, appellant counsel argued POST'disciplinary proceedings are "civil actions" and thus covered by Utah'wide statutes of limitations; counsel for the Peace Officer Standards and Training Council asked the court to affirm the Court of Appeals and treat Rogers precedent as limiting the judicial statute of limitations to court actions.
The Utah Supreme Court on the bench heard oral argument in an appeal over whether disciplinary proceedings brought by the Peace Officer Standards and Training Council (POST) are covered by the state's catch'all civil statute of limitations.
Appellant counsel Jeremy Jones told the justices the statutory text controls: "the Post statute labels the adjudicated proceedings at issue in this case as civil actions," and the broader civil statute of limitations therefore applies to POST's disciplinary actions seeking suspension or revocation of peace officer certification. Jones emphasized that POST proceedings involve adversarial fact'finding and pleadings (citing POST rule 4097), so they are sufficiently ‘‘civil in…
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