Historic Cache County Courthouse

LOGAN — A state audit has reportedly found evidence that two former Cache County attorneys improperly used taxpayer money for their own personal benefit. The report detailed how then attorneys James Swink and Tony Baird did prosecutorial work for other communities, while being paid personally and by Cache County.

Audit supervisor Tyson Plastow claimed Swink was paid directly to litigate cases in Rich County and the city of Mendon while also employed by the county attorney’s office. Similarly, Baird is alleged to have been paid by Rich County and the city of Nibley to perform legal counsel, while also employed by the county attorney’s office.

The report, sent to members of the Cache County Council Thursday morning, also detailed instances within the attorney’s office of questionable federal grant reimbursements, weak internal control over prosecution contracts, inadequate time recording for contracts and grants, and inappropriate access to case information.

Swink served as county attorney until stepping down in July 2021 to become a criminal prosecutor with the Weber County Attorney’s Office. During his 12 years, he and his office oversaw the prosecution of several high-profile cases, including Colter Peterson and Jayzon Decker, the two men that attempted to kill Deserae Turner. Also, the conviction of Torrey Green, the former Utah State University football player, who was found guilty of raping multiple female students.

Swink was replaced by John Luthy and later by Dane Murray, who currently serves as Interim County Attorney.

Within one week of being appointed to office in November 2022, Murray placed Baird on administrative leave and removed his ability to access case management software. Weeks later, Baird resigned his position and employment with Cache County, effective December 2, 2022.

In a statement, following the release of the audit report, Murray wrote that he and his office had fully cooperated in the audit investigation. “The Cache County Attorney’s Office has no reason to believe any criminal prosecutions were impacted by the alleged misconduct documented in the State Auditor’s report,” Murray said.

In a separate press release, Cache County Executive David Zook wrote, “Cache County has already taken steps to strengthen oversight over all county officers and employees and will continue to work with the Cache County Attorney’s Office and all other Cache County elected officers to ensure we are held to the highest ethical standards in the future.”

In response the audit, the Cache County Council said they would request the Utah Attorney General investigate and prosecute any criminal misconduct committed by Swink and/or Baird during their employment with Cache County. If violations are identified, both men would also be referred to the Utah State Bar Office of Professional Conduct for disciplinary action.

Murray in his statement wrote, “The Cache County Attorney’s Office understands that when those entrusted with enforcing the law allegedly use their positions to enrich themselves, the public’s trust in the criminal justice system can be severely harmed. The Cache County Attorney’s Office is committed to restoring the public’s trust in our office and proving our devotion to selfless service and protecting the citizens of Cache County.”


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