Brickey fires back at AG
Faced with the threat of losing his job, Summit County Attorney David Brickey shot back Thursday at Utah Attorney General Mark Shurtleff.
Whether Brickey lived in the county when he was elected in November might determine if the area’s top law enforcement official completes his first full term in office.
Shurtleff has asked a Third District Court judge to decide if Brickey broke the law last year by declaring himself a candidate for the Summit County attorney post even though his primary residence was in Salt Lake City.
This week Brickey responded to the charges.
"I really enjoy my job and I like representing the public," he said.
State law, Brickey claims, bars Shurtleff from protesting his declaration of candidacy since a protest was not filed within five days of last March’s filing window.
Meanwhile, because no challenge was made to the Nov. 7 election within 40 days of the canvass, Brickey cannot be removed from office, a 6-page answer filed on behalf of Brickey by Park City attorney Gordon Strachan states.
After it was revealed last year that Brickey allegedly spent more time at a house he owned in Sugar House than a condominium he rented in Park City, Shurtleff sued Brickey in Third District Court.
"The majority of time Brickey lives with his wife and children in their home in Salt Lake County," Shurtleff’s 3-page complaint for declaratory relief states. "Utah law requires that a county attorney be a resident and maintain his residency in the county during his term."
But since he was sworn in Jan. 3 Brickey has lived full-time in Summit County, Strachan claims.
"Brickey cannot be removed from office on the grounds of residency for a term of office that has been completed," states court information filed by Strachan to support a motion for summary judgment for Brickey.
Brickey moved recently with his family into a house they lease in Ranch Place.
By the time he was appointed in 2005 by the Summit County Commission to replace former County Attorney Bob Adkins, Brickey had sold his home near Jeremy Ranch and moved his family to Salt Lake City.
Commissioners knew he lived in Salt Lake City when Brickey was appointed, County Commissioner Sally Elliott insists.
With Brickey having won another term last year by running unopposed, Park City police Detective Michael Fierro complained to Shurtleff that the county attorney committed voter fraud by allegedly casting a ballot in the election when he did not live in Summit County.
Brickey broke the law by "swearing and affirming" that his primary residence was in Park City when he registered to vote, according to Fierro.
"The media reports have shown conclusively, in my opinion, that Mr. Brickey is not residing in Summit County and I am dismayed that his actions have been characterized as simply not abiding by ‘the letter of the law,’" Fierro’s letter to the Office of the Attorney General states.
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