The Salt Lake Tribune

The Salt Lake Tribune -- Letter to the Editor (Shurtleff reply to Gustin)

Outstanding Nominee

Sunday, January 20, 2002

I write to respond to Susanne Gustin's letter

attacking University of Utah law professor Paul Cassell

("Don't Confirm Cassell," Jan. 4). Ms. Gustin, speaking

as a representative of Utah's criminal defense bar,

opposes Professor Cassell's nomination to be a federal

district judge in Utah; as the attorney general of this

state, I support him.

Contrary to Ms. Gustin's allegation of "bias,"

Professor Cassell's conduct in the Weitzel case is an

example of good lawyering. Cassell donated his time to

represent the families of the victims whom Mr. Weitzel

is charged with having killed. Utah crime victims have

legal rights guaranteed by the Utah Constitution and the

Utah Rights of Crime Victims Act. They had a right to be

heard and Paul Cassell assured that right.

In the Weitzel case, after Judge W. Brent West

denied the prosecution's motion to disqualify Judge

Thomas L. Kay, my office appealed. Professor Cassell, on

the behalf of the victims' families, filed a "friend of

court" brief supporting our position, and the Utah Court

of Appeals ruled in our favor.

The Attorney General's Office has litigated with

Professor Cassell as our ally and with him as our

opponent. We have found that, like most criminal defense

attorneys, he is a zealous advocate for his client's

position. That he represents, and has been a voice for,

the victims of crime is a qualification, not a

disqualification, for service in the judicial branch.

I believe Paul Cassell will make an excellent

federal judge. I enthusiastically support his nomination

and believe that the overwhelming majority of Utahns,

were they aware of his character and credentials, would

join me in that support.

MARK SHURTLEFF

Utah Attorney General

Does anyone else see just how inappropriate this is?