SALT LAKE CITY — A state lawmaker is contemplating a constitutional amendment to have Utah's attorney general be appointed and not elected.
It's in response to past scandals surrounding the Utah Attorney General's Office, including scrutiny being visited upon the current officeholder Sean Reyes. Sen. Mike McKell, R-Spanish Fork, confirmed to FOX 13 News he is considering a bill to have the governor appoint the attorney general, instead of having the position be an independently-elected one.
"I'm an attorney and ethically, an attorney represents the client and the client is the state of Utah. That’s an important thing to remember the client is the state. When you appoint an attorney general, you can spend a lot of time looking at credentials, interviewing a lot of folks," he said in an interview Thursday. "I envision advice and consent from the Senate, we’d have a chance to review it at length. We need really good attorneys leading those offices. Challenges facing the state are significant. I think we ought to consider it."
The idea is being revisited on Utah's Capitol Hill in light of questions surrounding Reyes' relationship with Tim Ballard, the founder of Operation Underground Railroad. The Republican attorney general has been a big supporter of Ballard and has made combating human trafficking a priority in his office.
Ballard is currently being sued by women who accuse him of sexual assault and battery and has been investigated in the past over allegations of fraud. Reyes was mentioned in the women's lawsuit — though not named as any defendant — and he has insisted he had no knowledge of any misconduct.
Sen. McKell said it wasn't just the situation surrounding Reyes that prompted this. He served on the House special committee that investigated Reyes' predecessor, John Swallow who was ultimately charged and acquitted of fraud. That scandal also ensnared Swallow's predecessor, Mark Shurtleff (for whom criminal charges were ultimately dropped).
"We've had problems with the last three attorney generals. I think it's a concern," Sen. McKell told FOX 13 News.
The idea is not a new one. It has been proposed in the past and gone nowhere in the Utah State Legislature. If it were to succeed this time, it would be a proposed constitutional amendment and would still need the approval of the governor.
In response, the Utah Attorney General's Office defended its independence.
"There is a reason 43 states elect an attorney general who can champion the rights of the people and defend their liberties without the permission of the governor, legislature or any other official," the office said. "Appointed AGs can’t exercise independent discretion or decision making and they become just an extension of the governor or whomever appoints them. While the AG looks to collaborate with other officeholders, he or she needs the autonomy to be responsive to the People of the State and stand up for them without interference."
