The Salt Lake Tribune – Letters to the Editor

Note: Click HERE to see the outrageous, politicized reply of the Utah Attorney General

Don't Confirm Cassell

Friday, January 4, 2002

As president of the Utah Association of Criminal

Defense Lawyers (UACDL), I am writing to voice my

organization's opposition to Paul Cassell's nomination

for a federal judgeship in this state. The UACDL has

never opposed a candidate for the state or federal bench

until now. In fact, we have tremendous respect for the

many former prosecutors who are now judges in Utah. We

oppose Cassell's nomination based upon his lack of

respect for the law, attorneys and judges who make up

our judicial system. It is understandable that Mr.

Cassell has strong opinions on issues, but he goes too

far when advocating those positions.

A recent example of this is Cassell's role as the

victims' attorney in the accusations of bias against

Judge Thomas Kay in the Weitzel case. Scott Daniels,

Utah State Bar president, wrote a letter to The Tribune

voicing the bar's concerns about the public attacks on

Judge Kay. The UACDL sides with the Utah State Bar on

this issue.

It is a concern that Cassell would involve himself

in accusations of bias against a judge when he is under

consideration to sit as federal judge in this state.

Cassell has a habit of inserting himself into

high-profile cases under the guise of being a champion

for "victims' rights."

Judge W. Brent West, who reviewed Judge Kay's

behavior in the Weitzel case, said it best: "[I have]

developed serious questions concerning the good faith of

both the state and the victims' attorney [Paul Cassell].

Their legal tactics, their overzealousness, their

repeated attempts to try this case in the press, their

belated and untimely attempts to inappropriately raise

new issues, and their public, personal attacks on Kay

have taken on the appearance of witch hunt or a

crusade." In contrast to the scathing rebuke of the

Weitzel prosecutors and Cassell, Judge West goes on to

praise Judge Kay for "keeping with his judicial ethics"

by remaining silent amid the "publicity and fanfare

created by the state and the victims' attorney

[Cassell]."

Not only does Cassell lack the proper temperament a

judge must possess, we question his ability to provide a

fair hearing -- free from bias -- for those who must

appear before him in court on a criminal matter.

SUSANNE GUSTIN

Utah Association of Criminal Defense

Lawyers

Salt Lake City

© Copyright 2002, The Salt Lake Tribune

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