U.S. attorney may step down soon

Having served seven years through two presidential administrations and under three U.S. attorneys general, U.S. Attorney for Utah Paul Warner may be stepping down after the new year.

Several sources confirmed to the Deseret Morning News that Warner will likely step down as the head federal prosecutor for Utah sometime in February.

The search for his replacement is already under way.

Peter Carr, spokesman for Sen. Orrin Hatch, R-Utah, confirmed that Warner will leave in February and that Hatch, the former chairman of the Senate Judiciary Committee, has been instrumental in finding qualified candidates for what Carr said was a "coveted" position within the Justice Department. Ultimately, it will be the president who appoints Utah's next U.S. attorney. "It's a little premature at this point," Carr said about speculating about who may wind up on the president's short list. He added those interested in the job are both local and nonlocal legal figures.

One defining aspect of Warner's tenure as U.S. attorney is that he has served continuously during both Democratic and Republican administrations.

Warner was appointed by former President Bill Clinton in 1998 and was reconfirmed by President George W. Bush in 2003. Before becoming U.S. attorney, Warner served as the chief of the criminal division of the Utah U.S. Attorney's Office. He is a graduate of Brigham Young University (1973) and Brigham Young University Law School (1976).

Where Warner is going after he steps down has been the subject of speculation.

A source within the Justice Department has told the Deseret Morning News that Warner has been selected by federal judges in Utah to become a fourth U.S. District magistrate in Utah. Federal magistrate judges oversee the early stages of criminal and civil cases and cannot try felony cases.

Markus Zimmer, clerk of the Court for Utah, confirmed that federal judges have selected a person for the federal magistrate judicial position, although he said the official announcement on who it is will not be made until late December. "The court has made a decision," Zimmer said, but added the nominee must first pass a criminal background check by the FBI, which could take several weeks.

Magistrate candidates are nominated through a merit selection panel made up of legal experts and citizens at-large, Zimmer said. A short list is then passed on to the federal judges and a final candidate is confirmed by Chief Judge Dee Benson. Benson's clerk said the judge was out of state and could not be reached for comment.