Hatch on Griffith

The questions to Tom Griffith about his lapse of bar dues were interrupted briefly while Senator Clinton of New York gushed over a district court nominee from New York.

Then Hatch got back to Griffith. Hatch said Griffith was unfairly treated over the bar dues lapse scandal.

Then Hatch proceeded to grill Griffith on why he told the Utah State Bar that he had never been disciplined or suspended from any bar. "The thought never occurred to me that that might cover this administrative action," Griffith said.

Then Griffith started talking about the Senate Judiciary Committee questionaire he filled out, and he says he told the senators his bar dues had lapsed and that's how the issue came to light. He thought the question on the Utah bar form dealt only with disciplinary actions.

"Have you ever been disciplined in any way by any bar association?" Hatch asked.

"No sir," Griffith said.

Then Griffith said the D.C. bar disciplines hundreds of lawyers, including sitting judges, for not paying dues.

Hatch said, "You've been criticized by some for not being a member of the Utah bar."

Griffith responded, "I have never engaged in the unlawful practice of law. When I accepted the position ... with Brigham Young University, it was my understanding that, in Utah, in-house counsel need not be licensed, provided that when legal advice is given, it's done so in conjunction with active members of the Utah bar."

He says he organized his office to closely associate himself with active members of the Utah bar. He has four other attorneys on staff at BYU that are active members of the Utah bar. He also hires outside counsel. "I do that whenever I am anywhere close to doing legal work, and especially so on those rare instances when I have to get involved in a matter with the Utah bar."

He says that as assistant to the president at BYU, he is not engaged in the practice of law most of the time.