Summit attorney fires back

Summit County Attorney David Brickey insists his family lives in Park City — not Salt Lake City.

"Prior to being sworn in as County Attorney for Summit County on January 3, 2007, Brickey's principal residence was in Summit County, Utah," his attorneys wrote in a motion filed in Silver Summit's 3rd District Court.

Brickey's attorneys insist he not only lives in Park City, but his child attends a Park City-area school. The Utah Attorney General's Office alleges Brickey was just renting a condo from a friend, but his family lives in Salt Lake City.

In a lawsuit filed against Brickey, the attorney general claims Brickey spent most of his time in his Sugar House-area home, commuting back and forth. The Utah Attorney General's Office either wants Brickey to resign or be ousted from office.

The issue came to light when a Park City police detective filed a complaint, claiming that Brickey broke the law by voting in the election when he wasn't really a resident of Summit County.

In his response, Brickey's attorneys claim no written objection was ever lodged with the county clerk or the Lieutenant Governor's Office within five days of him declaring his candidacy in March 2006. No challenge was ever filed when Brickey was elected, his attorneys claim.

"At all times since his swearing-in, Brickey's principal and sole place of residence has been and is in Summit County," attorney Daniel Berman wrote.

They're asking a judge to toss the entire lawsuit. However, the Utah Attorney General's Office said where Brickey lives now is not the issue.

"He didn't qualify the day he filed (to run for office)," chief deputy Utah attorney general Ray Hintze told the Deseret Morning News earlier this month.

Brickey is the second county attorney to run into trouble over his residency. Kane County Attorney John Hummel recently resigned from his job after it was revealed he lived in neighboring Washington County. Kane County commissioners will keep Hummel on temporarily while they search for a replacement.

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E-mail: bwinslow@desnews.com