UTAH COUNTY, Utah — Former Utah County Attorney David Leavitt appeared before the Utah Supreme Court on Friday in an effort to appeal disciplinary sanctions imposed against him.
Leavitt was issued a "public reprimand" in 2022 for making inappropriate and unethical statements at a July 2019 news conference. His attorneys argued a more appropriate punishment would have been a "private admonition."
During the 2019 news conference, Leavitt announced he would be seeking the death penalty against Jerrod Baum.
Baum was accused of murdering two teens in 2017 before throwing their bodies into a mine shaft.
In 2019, Leavitt described Baum as having treated the victims like “garbage” or “trash.”
Leavitt also referenced evidence that “the jury will never hear.”
The Utah Office of Professional Conduct (OPC) determined Leavitt's statements violated rules intended to ensure a fair trial. They say Leavitt knew better — or should have known better.
“He was aware that he was holding a press conference to announce the death penalty for the first time in 40 years – in a very populated county in a very well-publicized case,” argued OPC Attorney Christine T. Greenwood during Friday’s hearing. “He nevertheless chose to go ahead and make the statements that he made.”
According to the OPC, Leavitt testified that he quickly realized his statements would pose problems. He later declared a conflict of interest, walling himself off from the prosecution.
The Utah County Attorney’s Office stopped pursuing the death penalty in 2021. Baum was convicted in 2022 and sentenced to life in prison.
The OPC argued Leavitt’s statements did not directly affect the outcome of the case, but slowed down the judicial process. The statements led to additional court filings, wasting government time and taxpayer dollars.
Attorneys for the OPC argued Leavitt knew he would prejudice the case by referencing evidence that would not be admissible at trial by stating, “We know things that the jury will never hear.”
“He referenced inadmissible evidence, but he didn’t give any information about what that evidence was,” responded attorney Freyja Johnson.
“Doesn’t that almost make it worse, though? If you don’t disclose the secret evidence?” asked Associate Chief Justice John A. Pearce. “If you’re worried about the prejudice on the jury pool, the potential jurors are going to hear that there’s something out there that they’ll never hear.” Leavitt's attorneys argued his punishment should be lessened because he is remorseful and has a good reputation.
“If a lion of the legal community commits a very public violation of our rules of professional conduct, that could undermine both public faith in the process and set a poor example for other attorneys in the community,” said Justice Diana Hagen.
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Attorneys for the OPC stated Leavitt was not remorseful until it was too late, failing to take responsibility until after the misconduct proceedings began.
The Utah Supreme Court has not yet issued a decision.
After the hearing, FOX 13 News asked Leavitt if he was remorseful.
“I know they talked about whether you were actually remorseful or whether you were remorseful after the fact. Do you want to clear that up?” FOX News 13 asked.
“No,” Leavitt said. “I think my lawyers have done a great job articulating my position.”
Beyond that, Leavitt declined to comment on the case.
“I think the whole point of this case is that I shouldn't be talking to the media about it,” Leavitt laughed. “I think it raises important issues. It's good to have some of these issues clarified.”
