Half of Kane County's attorneys have fallen under the disfavor of the Utah State Bar.
The Utah State Bar Thursday filed a formal complaint against Kane County Attorney Jim Scarth following Scarth's second conviction for drunken driving. The bar charged Scarth with unprofessional conduct, saying his Nov. 10 conviction for DUI was a crime of moral turpitude.The conviction is Scarth's second for the same offense in six years, according to the bar's complaint.
The Utah Supreme Court could suspend or disbar Scarth as a result of this complaint. Another of Kane County's four attorneys, Elizabeth Joseph, was suspended by the high court a year ago for improperly handling a client's funds. Joseph placed $20,000 belonging to her client into her own account. She did pay the money back.
Joseph's term of suspension has expired; however, she has not applied to the Utah Supreme Court for permission to begin practicing law, according to Gary Ferrero, assistant bar counsel. She can't begin practicing law again without a nod from the high court.
A few months ago, Joseph's suspension and Scarth's possible discipline could have put Kane County residents in a bind. Joseph and Scarth were the only attorneys in town.
However, two lawyers have recently moved into the county. "We're a burgeoning legal community," Joseph said. She plans to file her request to practice law again later this month.
Scarth was arrested in February after officers found him trying to maneuver his county car out of a ditch. He was with his 6-year-old son. Scarth acted as his own attorney during the one-day trial in November. He said he drank nothing but a mini-bottle of vodka after he got out of the car.
His blood alcohol level was 0.17, more than double the legal intoxication limit of 0.08 allowed in Utah.
Jurors deliberated less than 25 minutes before returning the guilty verdict.
Judge Patricia Chavez sentenced Scarth to 60 days in jail, revoked Scarth's driver's license for a year and fined him $1,480.
Chavez suspended all but 10 days of the jail sentence. Scarth served his 10 days earlier this month.
Scarth has served as Kane County attorney for five years. In June, some citizens began talking about recalling him for maliciously prosecuting several people during his term. A petition with 150 names was sent to then-Utah Attorney General Paul Van Dam asking Van Dam to remove Scarth from office.
However, Van Dam's staff met with several citizens and told them the public could also remove Scarth from office through a recall petition.
"They went back to Kane County to consider their options and that's the last we've heard of them," said John Clark, counsel to the attorney general.