Judicial Nominee Practiced Law Without License in Utah

Most lawyers arriving in Utah are allowed to get reciprocal state licenses, but Griffith did not meet the Utah State Bar requirement that he be a lawyer in good standing in his previous state for three of the previous four years.

Joni Seko, deputy general counsel for the Utah State Bar, said most general counsels overseeing legal work for a university, organization or corporation are required to have licenses because they offer legal advice on a range of subjects, including state law.

"It would surprise me that a general counsel would not get involved in those [state] decisions," she said. "Even in a management capacity, that person would likely have to sign off on major contracts. To do that, you engage in the practice of state law."

Katherine Fox, the bar's general counsel, declined to comment on Griffith's specific situation. She said typically she would ask a general counsel moving into the state about the nature of his work and, if it were broad in nature, she would advise that he obtain a state license. "It is just too easy to cross the line" from managing to providing legal services, she said.

"Unless they were doing things in which they were never practicing law, they need to get licensed," she said.

According to Brigham Young's Web site, Griffith "is responsible for advising the Administration on all legal matters pertaining to the University. . . . The General Counsel directs and manages all litigation involving the University."

On his nomination questionnaire, in an answer about the "general nature of [his] law practice," Griffith lists that he has worked on "higher education law" from 2000 to the present.

A review of state bar membership shows many general counsels for other universities in Utah have their state's bar license. That includes John K. Morris of the University of Utah, Craig J. Simper of Utah State University, and Kelly De Hill of Westminster College. Griffith's predecessor at Brigham Young, Eugene H. Bramhall, has been a member of the Utah bar since 1981.