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When Latter-day Saint bishops write letters for criminal defendants, some Utah County prosecutors alert the church’s law firm

The practice began years ago after a request from the church’s law firm and was unknown to Utah County Attorney Jeff Gray, who now says he may move to stop it over ethical concerns.

(Leah Hogsten | The Salt Lake Tribune)  The Fourth District Court in Provo, Utah, Tuesday, Feb. 7, 2023.

(Leah Hogsten | The Salt Lake Tribune) The Fourth District Court in Provo, Utah, Tuesday, Feb. 7, 2023.

For more than a decade, some Utah County prosecutors have quietly informed lawyers for The Church of Jesus Christ of Latter-day Saints after area bishops submitted letters supporting defendants in criminal cases — a practice the county’s top prosecutor says he didn’t know about and may move to stop.

When bishops or other church leaders have written to judges asking for leniency — sometimes in cases involving serious sex crimes — prosecutors would notify the church’s outside law firm, Kirton McConkie, according to the Utah County Attorney’s Office. Church attorneys would then ask the bishop to retract the letter, in line with the faith’s policy that leaders not voluntarily weigh in on criminal cases.

Utah County Attorney Jeff Gray said he learned of the practice only after The Salt Lake Tribune asked about it. His office said in a statement that he’s “considering how best to address” the issue, citing concerns that prosecutors could be interfering with what information reaches a sentencing judge.

(Francisco Kjolseth | The Salt Lake Tribune) Utah County Attorney Jeff Gray speaks during a news conference last September.

The Church of Jesus Christ of Latter-day Saints has discouraged local leaders from intervening in criminal cases. In its handbook, it tells church leaders that they should not involve themselves in civil or criminal cases for members of their congregation. They’re instructed to speak with church lawyers if they are subpoenaed or ordered to provide evidence in a case.

“However well intentioned, Church leaders sharing information in legal proceedings can be misinterpreted and damaging,” the handbook reads. “Such sharing can be especially harmful to victims and their families.”

The church echoed similar language in a statement to The Tribune, adding that when the church becomes aware that a leader has not followed this policy, “the Church contacts the leader and ensures he is aware of the policy and its purpose.”

Yet, bishops and other prominent members have continued to send letters on behalf of defendants — including a letter last summer from a dean at Brigham Young University.

In that letter, the dean wrote in support of a man accused of possessing child sexual abuse materials whom he had known because the man’s wife is the dean’s administrative assistant. The dean called the defendant a “deeply religious man” who followed all of the teachings of the Latter-day Saints faith.

“In our interactions he was always honest, kind, and trustworthy,” the letter reads. “I was completely shocked by his arrest.”

[Read more: A BYU dean wrote in support of a man charged with child sex abuse crimes. It’s not an isolated case.]

The prosecutor in that case did not alert church lawyers to the dean’s letter.

But for about 15 years, some Utah County prosecutors have notified church attorneys when bishops submitted similar letters supporting defendants, according to the county attorney’s office. The practice began after lawyers with Kirton McConkie asked prosecutors to flag such letters, the office said.

Officials stressed there was never an “official policy” implemented, but acknowledged that some prosecutors have continued to comply with the request since, particularly if the bishop’s document was sent on church letterhead.

Bruce Green, who teaches legal ethics at Fordham University’s law school, said that it is “wholly inappropriate” for prosecutors to induce church leaders to withdraw letters that may have valuable information that a judge should consider at sentencing.

“If a defense lawyer engaged in analogous conduct — for example, inducing a witness not to give truthful testimony — prosecutors would be up in arms,” he said. “They would accuse the defense lawyer of professional misconduct, and perhaps even accuse the defense lawyer of obstruction of justice.”

Gray agreed that the practice “raises concerns about a defendant’s ability to present information to the sentencing court,” according to his office’s statement.

“Now that he is aware of the issue,” the statement reads, “Mr. Gray is considering how to best address it.”

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