By Myrna Trauntvein
Times-News Correspondent
Law enforcement officials in Juab County don't have
anything nice to say about Gilland law Firm, PC, Attorneys
at Law.
The firm, which has addresses in Davis, Weber, Salt
Lake and Utah Counties, is on the wrong side of members of
the Juab County and Nephi City Drug Task Force.
"What was done may not be illegal, but it certainly
seems unethical," said David Carter, Juab County Sheriff. In
essence, he said, the firm tipped off criminals by their
untimely mailing of a letter advertising their services.
In the letter, Gilland informed each of those who
received his missive that they were about to be arrested on
a warrant obtained in Juab County. The letter then offered
the law firm to act as the defense for those being charged
for various drug-related criminal acts.
All of the warrants, were for illegal felony drug
charges.
"What was done was almost like ambulance chasing,"
said David Leavitt, county attorney. "This type of action is
what gives attorneys a bad name."
He said attorneys use the computer site to get
necessary information, however, usually the information is
used in a more scrupulous and conscientious manner.
The Utah Bar can sensor a fellow attorney for
unethical conduct, however, it is not against the law to
advertise.
One of his greatest concerns, said Carter, was for the
safety of law enforcement officers. Since the hand of the
task force had been tipped, then officers had been put in
jeopardy.
An officer arriving at a scene to make an arrest may
have a gun pulled on him and may even be attacked.
"The officer would have no way of knowing that the
individual involved in the illegal drug trafficking was
prepared to use deadly force," he said. "There could be
other ways in which the officer's safety would be
jeopardized because the law firm sent out letters tat got to
them before we obtained the warrants."
Another concern of his, said Carter, was that some
cases had been compromised. "The biggest share of the time,
when we go to serve a warrant, we collect more evidence to
be used in the case."
"In addition, many times there will also be other
people at the scene who are involved in the crimes. When
they know about arrests in advance, they are no longer there
and the evidence we may have collected has been disposed
of."
"It is not unusual to collect evidence against a dozen
more individuals while the warrants are being served."
Carter said the task force has been working, for more
than one year, to build a case against those who are
involved in illegal drug trafficking in Juab County.
Recently, the cases came to a point where the legal process
to arrest those involved could begin.
Officers began to file on more than 40 separate cases
involving 20 individuals.
"All of those filed were for felony drug charges,"
said Carter. "After we filed the cases in Fourth District
Court, and before we even obtained warrants, the law firm
sent out letters to them offering the services of the
firm."
Attorneys have access to court records which are
stored on the computer, said Carter. The warrants were part
of the public record and, therefore, were filed on the
court's computer system.
Numerous options were advertised as being available,
said Carter. In the letter sent by Attorney James K.
Gilland. Included in the letter was a business card for
those receiving the letters to use in contacting the law
firm.
"All of the cases, for which we were obtaining search
warrants, have good evidence which can be used in court,"
said Carter. "The evidence is so good we should be able to
make the charges stick."
One lesson the task force learned, was that they must
change their procedure.
"We will just have to change the way we do things,"
said Carter. "From now on out we will have everything ready
when we file and we will make certain the judge will be
available so that we can obtain warrants and serve them all
at the same time."
This way, he said, a law firm cannot contact a person
being charged with a crime before the warrant has been
issued.
"If we do this, it will be difficult for anyone to
compromise one of our cases."
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