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''This page is about the Utah Supreme Court justice. If you are looking for information on the former federal judge for the District of South Carolina, please see Thomas Lee.''

Thomas R. Lee is a justice of the Utah Supreme Court, confirmed on July 19, 2010.

Early Life / Education
Thomas Rex Lee was born in 1964 to parents Rex and Janet Lee. He grew up in Arizona, Utah and Northern Virginia. His undergraduate studies took place at Brigham Young University (BYU), graduating summa cum laude in 1988 with a bachelors degree in economics. Lee pursued a law degree at the University of Chicago, graduating with high honors in 1991.

Early Career
After receiving his law degree, Lee began a one-year term as a law clerk for the Honorable J. Harvie Wilkinson, III of the United States Court of Appeals for the Fourth Circuit (1991-92). He joined the firm of Kimball, Parr, Waddoups, Brown & Gee as an associate in 1992, after clerking for Judge Wilkinson. Lee accepted a one-year term as a law clerk for the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court (1994-95). He became a shareholder at Kimball, Parr, Waddoups, Brown & Gee in 1995, a position he would hold until 1997 when he left the firm to join the faculty of the J. Reuben Clark Law School at Brigham Young University. At the law school, Lee taught Civil Procedure and Intellectual Property Law. He also served as Associate Dean and was named the Rex and Maureen Rawlinson Professor of Law. He still remains a Distinguished Lecturer in Law at BYU. While at the law school, Lee worked in an "of counsel" capacity at Howard, Phillips, & Andersen, representing the firm in numerous cases involving intellectual property matters. During the years of 2001 to 2004, Lee served as lead counsel for the State of Utah in a number of cases. In 2004-05, Lee took a leave from the law school to serve as the Deputy Assistant Attorney General, Civil Division, US Department of Justice.

Noteworthy Cases Prior to Appointment
Guantanamo Bay Detainee cases (D. D.C.):

A series of suits filed against then President George W. Bush and the United States military regarding detainees held at the United States penitentiary facility at Guantanamo Bay, Cuba. The plaintiffs argued that in addition to being denied due process, prisoners ought to be subject to the laws under the Constitution, not military tribunals. Lee presented oral arguments on behalf of the United States. The majority of the rulings considered by the United States Supreme Court resulted in rulings that detainees should be able to file their complaints in civil courts.

Skull Valley Band of Goshute Indians v. Leavitt, 376 F. 3d 1223 (10th Cir. 2004)

Case involving the transportation and storage of spent nuclear fuel on land leased to the State of Utah by the Skull Valley Band of Goshute Indians. As part of the appeal, Lee served as lead counsel for the State of Utah. The resulting opinion of the appellate court was to affirm the district court's ruling that it was the authority of the federal, not state, government that decided issues regarding the transportation and storage of spent nuclear fuel.

Bullcreek v. Nuclear Regulatory Commission, 359 F. 3d 536 (D.C. Cir. 2004)

Case of appeal involving the jurisdiction of the Nuclear Regulatory Commission (NRC) in licensing the private storage of spent nuclear fuel. Lee argued on behalf of the petitioners who claimed that the Nuclear Waste Policy Act of 1982, 42 U.S.C. §§ 10101, repealed the authority of the NRC to grant licenses to store private nuclear spent fuel in facilities away from reactor storage facilities. The circuit court upheld that the NRC's interpretation of the act was more consistent, and therefore denied the motions of the petitioners for lack of standing.

Utah v. Evans, 536 U.S. 452 (2002)

Case regarding the "hot-deck imputation" technique utilized by the US Census Bureau during the 2000 Census. The technique came under fire when it was shown to have earned North Carolina one additional representative, yet cost Utah one representative. Representing the State of Utah, Lee argued the case before the Supreme Court. The opinion of the court upheld the previous ruling that the use of "hot-deck imputation" did not violate statute nor constitution.

As a private attorney, Lee was a recognized expert in trademark law and litigated numerous trademark infringement cases, including the following:

Nomination and Confirmation
On Friday, May 28, 2010, Utah Governor Gary Herbert nominated Lee to fill the vacancy in the Utah Supreme Court left by retired Justice Michael J. Wilkins. Receiving a unanimous vote (5-0) from the Utah Senate Judicial Confirmation Committee, Lee was confirmed by the full Senate on Wednesday, June 23, 2010. Lee was sworn into office on Monday, July 19, 2010, accepting the oath administered by his mentor, US Supreme Court Justice Clarence Thomas.

Opinions As Supreme Court Justice
At the time of the creation of this article, Justice Lee has not authored or concurred with any opinions issued by the Utah Supreme Court since being sworn into office. Please refer to the Utah Supreme Court Opinions page for current information regarding his authored or concurred opinions.
 * Utah Supreme Court Opinions

Awards and Professional Affiliations

 * American Inn of Court I, Executive Committee
 * American Law Institute
 * Bars of the United States Courts of Appeals for the Fourth Circuit
 * District of Columbia Circuit
 * International Trademark Association
 * Editorial Board of The Trademark Reporter (Member)
 * Teacher of the Year, BYU Law School, 1999-2000 and 2002-2003
 * Tenth Circuit
 * Utah State Bar
 * United States Supreme Court Bar

Personal Information
Lee and wife Kimberley have six children. His brother, Michael S. Lee, is currently running to fill the Utah Senate seat soon to be vacated by Representative Bob Bennett.