By law, the case would have to be turned over to the Attorney General's Office — but the A.G. wouldn't have sufficient time for a verdict before primary election day.

And any attendant prejudicial publicity for a candidate, in this case Walker, being formally investigated on bribe charges in the midst of an election, without a reasonable expectation of a resolution prior to the primary election, hardly seemed fair.

That explains why Herbert waited until 8:01 p.m. on June 24 — one minute after the polls closed — to ask the A.G.'s office to investigate.

"I did it after voting closed but before anyone could know the outcome of the election," explained Herbert. If Walker won and the charges stuck, he couldn't hold office — and Ellis would presumably take his place in the November general election.

But Ellis, as it turned out, won, rendering his allegation moot, at least as far as the treasurer's race is concerned.

Justice, as it pertained to the lieutenant governor's office involvement, was served — although exactly what impact the media outrage over Herbert's perceived inaction had on Walker's campaign is incalcul-

able.

In the election's aftermath, the A.G.'s investigation continues, and Walker, citing too much strain on his family, has resigned from the Legislature but continues to maintain his innocence.

For his part, besides having increased empathy for NBA referees, customs inspectors, IRS auditors and those guys at the airport who ask you if your packed your own bags — basically anyone who is doing their job — Herbert remains as in the dark as any of the rest of us whether Ellis or Walker is telling the truth.

"I don't know the mind of man. I like to give them the benefit of the doubt that they're doing what they're doing for the right reasons," he said. "At the same time I like being given that same benefit of the doubt, that I'm doing what I'm doing for the right reasons. I don't want people to use my office as a pawn — not now or in the future. Period. Question my judgment but not my motives."

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Lee Benson's column runs Sunday, Monday, Wednesday and Friday. Please send e-mail to benson@desnews.com and faxes to 801-237-2527.