Demo attended political functions while on bench, attorney general charges.
Attorney General Paul Van Dam charged Friday that longtime friend and fellow Democrat Scott Daniels has violated the state code of judicial conduct.Daniels sat on the 3rd District Court bench for 10 years before resigning last April to run for attorney general. His opponent in the Sept. 8 Democratic primary is Utah Solicitor General Jan Graham, a Van Dam appointee.
Van Dam, who decided late last year not to seek a second term, released a copy of a letter written to Daniels and forwarded to both the Utah State Bar and the Judicial Conduct Commission.
The letter charges that Daniels attended political functions over the past few years despite a prohibition against attending "political gatherings or purchasing tickets for political party dinners or other functions."
The attorney general said the penalty for violating that canon of the code could be as harsh as disbarment, although disciplinary action is a more likely punishment.
Despite his endorsement of Graham to succeed him as attorney general, Van Dam said in an interview Friday that he decided to check up on Daniels' conduct as a judge after seeing a campaign ad that began airing last week.
"I'm raising the issue as attorney general because my office and myself have been attacked," Van Dam said. "I can't just sit here and let him walk over my dead body."
The attorney general said Daniels' conduct as a judge deserved to be reviewed because he is emphasizing his time on the bench in his campaign even though he stepped down to run.
"He's wearing the cloak of a judge. He ought to have the responsibility of a judge," Van Dam said. "When people vote for somebody, they ought to know who they are and what they've done."
Van Dam labeled the television ad "deceptive" and said it violated assurances Daniels made to him in a March note that Daniels would not be conducting a negative campaign.
"I want to assure you that I do not intend to campaign in any negative way against Jan, and I do not intend to attack your policies or administration in any way," Daniels' note states.
The television ad features black-and-white photographs, including a picture of Daniels in judicial robes, while a narrator tells voters they'll "be the judge in the race for attorney general."
Viewers are told that Daniels was a judge for the past 10 years and cites some of the recognition he received while on the bench. "He may be the most qualified person every to run for attorney general."
Then, the narrator continues, during those same 10 years "the attorney general's office hired the largest staff of lawyers in history while spending millions of tax dollars on outside law firms."
Daniels said he was surprised and saddened by the charges, which he called meritless. But Daniels said the charges could hurt his campaign since any investigation wouldn't be completed until months after the primary.
"It could be very serious. There could be the opposite reaction. Utah voters don't like mud-throwing," Daniels said. He said his television ad did not breach the assurances he made to Van Dam.
Daniels said he knew of the code's prohibitions on political activity when he was named to the bench in 1982. "I'm very aware of this rule," Daniels said.
He said there is a difference between a political gathering and a social gathering, labeling the two events that Van Dam said he has seen him at - both held to raise funds for the Democratic Party - as social gatherings.
Although Daniels went to the events, he said he did not pay for his tickets. "I never made contributions to a political candidate or a political party as a judge," he said.
Graham said she did not see Van Dam's letter until late Friday. She said the allegations "are personal between Scott and Paul" and were not made to further her campaign.
"Questions about Scott going to political meetings and asking for endorsements while still on the bench - people have been talking about them for months," Graham said. "It's not a secret."
Although she said she would not use the issue in her campaign, Graham suggested voters consider that "integrity in the attorney general's office absolutely has got to be there."