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Some Utah County prosecutors alerted LDS Church lawyers when bishops backed criminal defendants. Here’s why that’s ending.

Questions from The Salt Lake Tribune brought the practice to light.

(Francisco Kjolseth | The Salt Lake Tribune) Utah County Attorney Jeff Gray speaks during a news conference last September.

(Francisco Kjolseth | The Salt Lake Tribune) Utah County Attorney Jeff Gray speaks during a news conference last September.

The Utah County Attorney’s Office says it has ended a decade-old practice in which some prosecutors notified lawyers for The Church of Jesus Christ of Latter-day Saints whenever local bishops submitted letters supporting defendants in criminal cases.

When bishops or other church leaders have written to judges asking for leniency — sometimes in cases involving serious sex crimes — some prosecutors previously would notify the church’s outside law firm, Kirton McConkie, according to the prosecutors’ office. Church attorneys would then ask the bishop to retract the letter, in line with the faith’s policy that leaders not voluntarily weigh in on criminal cases.

Utah County Attorney Jeff Gray previously said he learned this was happening within his office only after The Salt Lake Tribune asked about it as it was reporting on how some church leaders have vouched for defendants in Utah.

Christopher Ballard, a spokesperson for the prosecutors’ office, wrote in an email Monday: “After carefully considering this issue, we have decided that we will no longer be notifying Kirton McConkie when a bishop or other clergy submits a letter of support for a defendant at sentencing.”

[Read More: A BYU dean wrote in support of a man charged with child sex abuse crimes. It’s not an isolated case.]

The Utah-based global church discourages local leaders from intervening in criminal cases. In its handbook, it tells church leaders that they should not involve themselves in civil or criminal cases on behalf of members of their congregation. They’re instructed to speak with church lawyers if they are subpoenaed or ordered to provide evidence in a case.

“However well intentioned, church leaders sharing information in legal proceedings can be misinterpreted and damaging,” the handbook reads. “Such sharing can be especially harmful to victims and their families.”

The church echoed similar language in a statement to The Tribune, adding that when the church becomes aware that a leader has not followed this policy, “the church contacts the leader and ensures he is aware of the policy and its purpose.” It did not offer any further comment when contacted about the change in the Utah County Attorney’s Office.

Ballard stressed in a previous statement that there was never an “official policy” implemented but said that lawyers with Kirton McConkie asked the Utah County Attorney’s Office about 15 years ago to notify them when bishops submitted support letters for defendants. Some prosecutors had continued to comply with that request since then, Ballard said, particularly if the bishop’s document was sent on church letterhead.

Bruce Green, who teaches legal ethics at Fordham University’s law school, said that it is “wholly inappropriate” for prosecutors to induce church leaders to withdraw letters that may have valuable information that a judge should consider at sentencing.

Gray agreed that the practice “raises concerns about a defendant’s ability to present information to the sentencing court,” according to a previous statement from his office.

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