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BYU law grads help draft Utah's laws; U. grads help defend them
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The BYU versus University of Utah debate has raged unresolved in this state for decades.

But the question seems to have been settled in some parts of state government, where two attorneys' offices are dominated by lawyers trained at one or the other law school.

In the Office of Legislative Research and General Counsel, most of the attorneys who advise lawmakers and draft state law graduated from the Utah County school owned by The Church of Jesus Christ of Latter-day Saints. In the much larger Attorney General's Office, University of Utah graduates outnumber Brigham Young University-educated lawyers 2-to-1. They end up defending those laws and advising state agencies.

Bosses in both offices are at a loss to explain the phenomenon. They chalk it up to chance.

"There's no rhyme or reason to it, other than coincidence," said Attorney General Mark Shurtleff, a University of Utah law school graduate.

Still, the numbers are dramatic. In Shurtleff's office, where 218 attorneys work, 99 graduated from the University of Utah, 46 went to BYU and 51 attended other schools such as George Washington, Creighton University and Gonzaga. Another 22 attorneys' alma maters could not be found in Utah Bar records.

In the smaller Legislative Research office, with a total of 58 staff, there are 15 attorneys and 14 research assistants. Of those, 16 graduated from the LDS school, nine went to the U. and four earned advanced degrees from other schools. Records Director Bryant Howe has master's degrees from both schools. Legislative Research Director Mike Christensen graduated from the U. Chief legislative attorney Gay Taylor is a BYU law school alum.

Taylor, who also studied at Utah State University, says where an applicant went to school doesn't matter when she is hiring.

"We just look for the best candidate," she said. "It's not a concerted effort. It just works out that way."

Shurtleff says he tries to make sure law clerks in his office are recruited in equal numbers from both schools. But chances to change the apparent hiring trend are limited - turnover in both offices is low.

Lawyers in the Legislature are slightly more balanced. Of 14 attorney lawmakers, five went to the U. law school, four graduated from BYU and five went to other schools. The alma maters of attorneys in Gov. Jon Huntsman Jr.'s office tilt toward the University of Utah.

Advisers at both Utah law schools were surprised by the numbers. But they say differing demographics at each school and the number of jobs available in each state office might determine who ends up getting the jobs.

J. Reuben Clark Law School Dean Kevin Worthen believes the U. might have a jump on BYU overall because its law school has been around for more than 90 years and because its students are more likely to stay in Utah. Less than half of BYU law graduates take jobs in Utah, compared to 103 of 137 graduates from the U. last year.

"It's a matter of sheer numbers and history," Worthen said. "It's no systematic effort on our part. And I'd be surprised if it's a systematic effort on their part."

Kristin Erickson, associate dean for career services at the Utah of Utah's S.J. Quinney Law School, always figured there weren't openings at Legislative Research, a low turnover trend Taylor acknowledges. Instead many U. grads end up in the Attorney General's Office.

"More people go there than anywhere else," Erickson said.

While the apparent hiring bias may just be a matter of serendipity, Taylor and Shurtleff insist it doesn't sway the way legislation is written or how a law is defended. Legislation usually reflects the sentiments of conservative Utah lawmakers. And that legislation - including laws blocking payroll deductions for unions, restricting on late-term abortions and forcing internet companies to filter adult content - is regularly challenged in court. In some cases, BYU law professors had a greater hand in drafting the legislation than legislative attorneys.

"We train our attorneys to present options to the legislator and then back off," Taylor said. "We shy away from being advocates. That's the only way we maintain our status as a nonpartisan office. Otherwise, our credibility would be destroyed."

And those who have challenged state legislation agree.

"It all comes down to a combination of what the law is and who are the better lawyers," said American Civil Liberties Utah Director Dani Eyer, a BYU law school graduate. "I don't see a real pattern about where someone went to law school."

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