Tolman to depart his post at end of year

If his son had it his way, U.S. Attorney for Utah Brett Tolman would be taking a job at Disneyland.

But as Tolman announced his resignation Wednesday, it was clear he didn't believe his work was quite done and that his commitment wasn't waning, as even his decision on when to step down was based on his desire to follow through on one of the most prominent cases of his career.

Though his term doesn't technically expire until July 2010, Tolman announced that he would be resigning before then as U.S. attorney — a position he's held since 2006 — largely because he wanted to allow the Obama administration to appoint its own attorney. Tolman said every administration has the right to appoint an attorney of its choice, and that transition is one he believes in.

Tolman, 39, said he is grateful for the approach the Obama administration has taken and the way it has dealt with the current U.S. attorneys on a "case-by-case" basis. Tolman said the current administration has "been patient in allowing me to stay as long as they have" and has yet to ask him to resign. Tolman said he plans to stay in Salt Lake City and practice law at a private firm after he steps down as U.S. attorney.

"I'm proud of the time I've had, but I'm excited for the adventure ahead of me," he said. "I love Utah, I love the lifestyle here, the people, and I want to make a difference in this community if I can."

The "forbearance" of the Obama administration's will allow him to stay on long enough to participate in an important part of the Elizabeth Smart kidnapping case. Tolman's resignation officially becomes effective on Dec. 31, 2009, because he wanted to see the Smart case through the Brian David Mitchell competency hearing, which continues on Nov. 30.

"Elizabeth Smart is the one that I'm involved in personally, and I feel very strongly about wanting to see that through to the end," Tolman said. "The most important part is the competency hearing, and that'll be taken care of, and it was important for me to get through that."

Alyson Heyrend, press secretary for Rep. Jim Matheson, the only Democrat in Utah's congressional delegation, said Matheson has already made a recommendation to the White House about a replacement for Tolman, but Matheson isn't saying exactly who that is.

She said the congressman "submitted his recommendation for the position months ago, following interviews with eight or nine candidates who expressed interest in the position. He has not received confirmation from the Department of Justice regarding (who may be its choice as) a new U.S. attorney for Utah."