Kleinsmith v. Shurtleff
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HARTZ, Circuit Judge.
Philip M. Kleinsmith resides in Colorado but is licensed to practice law in Utah. A specialist in nonjudicial foreclosures, he challenges the constitutionality of a Utah statute that requires all attorneys who act as trustees of real-property trust deeds in Utah to “maintain[] a place within the state” to meet with trustors for certain enumerated purposes related to foreclosures. Utah Code Ann. § 57 — 1—21(l)(a)(i) (2009). Mr. Kleinsmith, who has no Utah office, challenges the law on the grounds that the maintain-a-place requirement (1) is so vague that the statute…
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