You are on page 1of 3

January 24, 2013 Hand delivery & Certified Mail, Return Receipt Requested The Honorable Governor Gary

Herbert Utah State Capitol Complex 350 North State Street, Suite 200 PO Box 142220 Salt Lake City, Utah 84114-2220 Re: Attorney General John Swallow Utah State Capitol Complex 350 North State Street Suite 230 PO Box 142320 Salt Lake City, Utah 84114-2220

Request for Document and Records Retention

Dear Governor Herbert & Attorney General Swallow: As you well know, serious allegations have been made against Attorney General Swallow. Since these allegations have been widely publicized, we believe it is unnecessary to summarize the allegations here. We understand that numerous parties have called for one kind of investigation or another into the allegations against Attorney General Swallow and into certain of the Attorney Generals activities which he admits. The Democratic Party has called for an investigation by United States Attorney General Holder. The Alliance for a Better UTAH has called for an investigation by the Utah Bar Association, and Attorney General Swallow himself has called for an investigation by US Attorney David Barlow. We believe that these investigations are likely to explore, among others, the following questions: 1. Are Mr. Johnsons allegations true and, if so, has the Attorney General committed any crime? 2. Do the Attorney Generals actions give rise to a breach of the Utah Supreme Courts Rules of Professional Conduct? 3. Do the Attorney Generals actions give rise to a breach of any state law, including, without limitation, the Utah Public Officers and Employees Ethics Act or the Utah Administrative Code (both of which, for example, prohibit the use of state assets for personal use or for personal financial gain)? It is possible, of course, that additional investigations are either underway or will be called for in connection with the matters that have already been publicized or, perhaps, matters which have not yet been publicized. It is also possible that these matters could result in some form of litigation. The existing and potential investigations and litigation referenced herein,

whether known or unknown, now existing or arising in the future, are referred to herein as the Investigations. In light of these existing and potential calls for investigation, and the prospect of litigation, we are writing to request that both the Governors office and the office of the Attorney General issue, and comply with, appropriate forms of records preservation orders to insure all documents and records relevant to any of the Investigations are not inadvertently or intentionally destroyed. In this regard, consistent with modern litigation practice and a more traditional litigation hold letter, we would ask that steps be taken to: 1. Suspend any document retention policies or computer maintenance procedures that might result in the destruction of documents and records relevant to any of the Investigations. 2. Direct the Attorney Generals office and Mr. Swallow personally not to destroy, and to preserve, any document or electronic records, including phone records, relevant to any of the Investigations, including any such materials which may reside in personal records, personal computers or personal cell phones. 3. Archive digital images of the computers, email records and phone text and voice mail messages of Attorney General Swallow, former Attorney General Shurtleff, and any and all employees of the Attorney Generals office with knowledge or involvement in the matters outlined herein or that, to the knowledge of the Attorney Generals office, are otherwise subject to any Investigation into the conduct of the Attorney General or the Attorney Generals office. 4. Require the Attorney Generals office not to destroy, conceal or alter any paper or electronic files and/or other data generated by or stored on computers and storage media (e.g., hard disks, floppy disks, backup tapes, Zip cartridges, CDs, DVDs, etc.), or any other electronic data, such as voicemail, which may relate to any of the Investigations. Of particular importance, email communications relating to the subject matter of any of the Investigations are relevant and must be preserved. We note that because Mr. Swallows and others actions may be the subject of federal or state criminal investigations, any efforts or activities to destroy or hide relevant information may itself constitute a crime. These requests are not meant to be all-inclusive or a limitation upon the discovery that may be called for in connection with any of the Investigations which, of course, are being or will be, conducted by independent authorities. Rather, we intend this as a general outline of the categories of documents that we believe should be preserved in connection with any of the Investigations on behalf of the citizens of the State of Utah. In order to assure that all relevant parties comply with their obligation to preserve evidence or potential evidence, we ask that you forward a copy of your internally issued records preservation orders to all persons who may have information relevant to any of the Investigations in their personal possession. Further, we respectfully ask that you provide us with a copy of any PO Box 521847 Salt Lake City, UT 84152 801.557.1532

betterutah.org

record preservation orders prepared and issued by your offices or, in the alternative, an explanation of the reasons either of your offices chooses not to issue any such orders.

Respectfully submitted, The Alliance for a Better UTAH

Maryann Martindale Executive Director

PO Box 521847 Salt Lake City, UT 84152 801.557.1532

betterutah.org