Lt. Gov. Gary Herbert will ask Attorney General Mark Shurtleff to explain his use of the state seal in a letter he sent praising a Utah technology company and displayed on the firm's Web site.
In September, Shurtleff sent a letter to fellow attorneys general around the country touting technology produced by Orem-based DigitalBridge. The company -- which donated $10,000 to Shurtleff's campaign -- posted the letter, with pride, on its Web site.
The fact that the AG's message went out on letterhead bearing the official state seal could be a violation of state law.
"We're behaving in the same way we would with any alleged misuse of the seal," Herbert spokesman Joe Demma said Tuesday. "We're in the process of drafting a letter to Mark Shurtleff."
The letter will basically say that the lieutenant governor's office received a question about Shurtleff's use of the state seal and its placement on the company's Web site.
"We'll ask for his response," Demma said. After Shurtleff replies, Herbert will make a determination.
Shurtleff plans to cooperate fully, said his spokesman Paul Murphy.
"We'll respond as soon as we get the letter," Murphy said.
In 2006, Shurtleff endorsed a Beaver County candidate on state-seal stationery, then later acknowledged his error. But Shurtleff believes he's in the clear this time.
"He thought he was performing official business," Murphy said, "informing his colleagues about technology they may want to consider to help deal with identity theft issues."
State rules prohibit using the emblem "for, or in connection with, any advertising, or promotion of any product, business, organization, service, or article whether offered for sale, for profit or without charge." The one exception is on products sold in the state Capitol's gift shop.
Illegal use of the seal could bring a felony charge, but Demma said that rarely happens.
Although the lieutenant governor takes all such inquiries seriously, Demma said that Shurtleff's use does not demand quick action.
"It's on our agenda but not at the top."
cmckitrick@sltrib.com
