Summit official's residency questioned

The Utah Attorney General's Office is asking a judge to determine whether the Summit County attorney actually resides in the county where he was elected.

Several complaints concerning the residency status of David R. Brickey were directed to the Attorney General's Office, Assistant Attorney General Thom Roberts said.

According to the complaint, filed in 3rd District Court in Summit County on Tuesday, Brickey — who was originally appointed as the county's attorney in April 2005, but won the seat in the 2006 general election — leases a condominium in Summit County but owns a home with his wife in Salt Lake County.

"State law requires if you're a county attorney, you have to be a resident of that county," Roberts said, adding that a person's principle place of residence is "where he intends to go back to in the future."

The law also states a county attorney must maintain his residency in the county during the length of his term.

It's unclear as to where Brickey spends most of his time, but he has said in the past that his primary residence is in Summit County. However, Roberts said there is a presumption that his real home is where his family resides.

The lawsuit states that in November 2004 Brickey moved to Salt Lake County, where his wife and children still reside. He signed a lease for part-time use of a Summit condo sometime after he was appointed as the county attorney. However, according to the suit, he spends most of his time in the Salt Lake County home.

KSL-TV reporters visited Brickey's Summit County condo several times last year and never found him there, but photographed him driving into the driveway of the Salt Lake County home night after night. They also found a stipulation in the lease that allows Brickey's landlord to use the condo on weekends, and another that prevents any minor children from living there.

Utah's law is unclear when defining a person's legal residence, leaving out any reference to how much time the resident spends there. A complaint was filed early last year against Utah House of Representatives candidate Jim Shea Jr., an Olympic athlete who keeps a residence in Park City. Shea dropped out of the race a day before government officials were to declare whether he met residency requirements for the position. He vowed to run again.

Brickey could not be reached for comment Tuesday night. Roberts said Brickey has 20 days to file a response to the complaint and, depending on whether he disputes any facts contained in the original filing, there may or may not be a trial.

Prosecutors refer to similar complaints regarding residency requirements filed in other counties and are asking the judge for "a uniform interpretation of the state law."

An outcome is pending in a case involving a former candidate for Kane County attorney, John Hummel, who declared Kanab as his primary residence during last year's general election while his family was believed to have been living in St. George.

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E-mail: wleonard@desnews.com