From USDP Blog: Arrogance and Abuse of Power

Frustrated by his failed attempt to convince the Utah State Board of Education or their legal counsel that a bill entitled "Education Voucher Amendments" is really a stand alone bill that implements the nation's most extensive voucher program for private academies, Utah Attorney General Mark Shurtleff has finally gone too far. Today he fired Special Assistant Attorney Generals Jean Hill and Carol Lear for telling the State Board of Education a bill with "Amendments" in the title cannot be implemented when the bill it is amending is facing a referendum vote in November.

Republican leaders on the hill, Speaker Curtis and Senator Bramble in particular, have made it abundantly clear they will not abide by the will of the people if they don't get their voucher program. Now Attorney General Shurtleff, a man who has taken it upon himself to decide which laws will be enforced and which ones will not, has decided to begin firing anyone in his office that dares express a legal opinion that differs from his own. One wonders if Attorney General Shurtleff is now using Attorney General Gonzales' management style when it comes to the administration of justice in Utah.

In his May 11, 2007 letter to the Utah State Board of Education, Attorney General Shurtleff demanded the school board follow his instructions stating in bold print "I am the constitutionally designated sole legal advisor to both the Utah State Office of Education and the Utah State Board of Education." He went on to explain "All legislation is presumed valid until it is stayed or overturned by a court of competent jurisdiction or repealed by the legislature."

Not seven days passed before the same attorney general protecting the jurisdiction of the courts and the legislature when it comes to determining the validity of a law announced on KUTV more than two years had passed since he sent a letter to gas retailers in Utah informing them he would not enforce The Motor Fuel Marketing Act. "I sent a notice out, years ago to all the retailers out there. This is a law that I'm not going to enforce" he told KUTV.

Apparently our attorney general has determined that the courts, the legislature AND the attorney general can decide for themselves what laws are valid and which ones are not. Perhaps, being an attorney with an apparently unprecedented knowledge of the law, he can explain to Utahns exactly where in the Utah Constitution the attorney general is given the power to determine for his/herself what laws he/she will or will not enforce.

The time has come for elected officials willing not only to disregard the will of the people, but to boast about their plans to do so, to be shown the door. Utah Democrats will hold these officials accountable for their arrogance in 2008, of that they can be sure.