Utah Amendment C, Allow Executive Officers to Appoint Legal Counsel Measure (2014)
| ||||||||||||
| ||||||||||||
The Utah Appointment of Legal Counsel for Executive Officers, Amendment C was on the November 4, 2014 ballot in Utah as a legislatively referred constitutional amendment, where it was defeated. The measure, upon voter approval, would have authorized the lieutenant governor, state auditor and state treasurer each to appoint legal counsel.[1]
The amendment was sponsored in the Utah Legislature as House Joint Resolution 12.[1]
Election results
| Utah Amendment C | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 No | 346,000 | 66.02% | ||
| Yes | 178,111 | 33.98% | ||
Election results via: Utah Lieutenant Governor
Text of measure
Ballot title
The official ballot text was as follows:[2]
| “ | Shall the Utah Constitution be amended to authorize the Lieutenant Governor, State Auditor, and State Treasurer each to appoint legal counsel?[3] | ” |
Ballot summary
The impartial analysis provided in the state's voter guide was as follows:[4]
| “ | Current Provisions of the Utah Constitution
The Utah Constitution states that, unless otherwise provided in the Constitution, the Attorney General shall be the legal advisor of the Governor, Lieutenant Governor, State Auditor, and State Treasurer. In the case of the Governor, the Constitution provides otherwise by authorizing the Governor to appoint legal counsel to advise the Governor. Under current practice, the Governor’s appointed legal counsel provides the Governor day-to-day legal advice, and the Attorney General continues to represent the Governor in lawsuits involving the Governor. The Constitution does not similarily authorize the Lieutenant Governor, State Auditor, or State Treasurer to appoint legal counsel to advise each of these state offices. Accordingly, the Attorney General is the legal advisor for each of these state officers for all purposes. Effect of Constitutional Amendment C Constitutional Amendment C authorizes the Lieutenant Governor, State Auditor, and State Treasurer each to appoint legal counsel. Effective Date If approved by voters, Constitutional Amendment C takes effect January 1, 2015. Fiscal Impact The enactment of Constitional Amendment C will not alone have any fiscal impact. Depending on how the Lieutenant Governor, State Auditor, and State Treasurer choose to implement the Amendment, there may be an increase in costs to state government. If the Lieutenant Governor, State Auditor, or State Treasurer appoints legal counsel, as the Amendment allows, the increased annual costs to the state will be approximately $120,000 for each new position. The costs may vary depending on a number of factors, including whether the position is full-time or part-time, whether the attorney is hired for a permanent position or on a contract basis, and the level of experience of the attorney hired.[3] |
” |
Constitutional changes
- See also: Article VII, Utah Constitution
The measure would have amended Sections 14 and 5 of Article VII of the Constitution of Utah to read:[1]
(1) The Lieutenant Governor shall:
[(1)] (a) serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor;
[(2)] (b) perform such duties as may be delegated by the Governor; and
[(3)] (c) perform other duties as may be provided by statute.
(2) The Lieutenant Governor may appoint legal counsel to advise the Lieutenant Governor.
Article VII, Section 15. [Duties of State Auditor and State Treasurer -- Appointment of legal counsel.]
(1) The State Auditor shall perform financial post audits of public accounts except as otherwise provided by this Constitution.
(2) The State Treasurer shall be the custodian of public moneys.
(3) Each shall perform other duties as provided by statute.
(4) The State Auditor may appoint legal counsel to advise the State Auditor, and the State Treasurer may appoint legal counsel to advise the State Treasurer.[3]
Support
The amendment was sponsored by Rep. Mike McKell (R-66) and Sen. Todd Weiler (R-23) in the Utah Legislature. Amendment C received unanimous support in the Utah House of Representatives. In the Utah Senate, all but one senator voted to place the issue on the ballot.[1]
Arguments
Sen. Todd Weiler (R-23) and Rep. Mike McKell (R-66) wrote the argument in support of the amendment found in the state's voter guide:
| “ | The Lieutenant Governor, State Auditor and State Treasurer do not currently have their own legal counsel. They rely on the Attorney General for legal advice. Recent events have also made it clear that there might be times when a conflict of interest could arise between the Attorney General and another constitutional officer. Also, there are times when these officers need more immediate access to legal counsel without having to wait for an official opinion from the Attorney General’s office.
The Lieutenant Governor, State Auditor and State Treasurer need the ability to appoint their own legal counsel to advise in legal matters. Events of the past year highlighted the risks and concerns associated with one constitutional officer, whether the Lieutenant Governor or State Auditor, relying exclusively on the legal advice of the Attorney General’s office when that constitutional officer investigates either the Attorney General or activities within that office. As such, it is important that these constitutional officers have the ability to rely on independent legal advice. Also, each of these officers encounters critical legal issues on a daily basis. While the Attorney General has the constitutional role of serving as the preeminent legal advisor for each of these officers, there is no constitutional provision that provides for the hiring of legal counsel in the event of a conflict between the various offices. The constitution currently authorizes the Governor to hire legal counsel, but the same right for these other constitutional officers needs to be specifically expressed in the Constitution. This amendment would put the rights of each executive branch constitutional officer in parity with each other. This amendment would not require the hiring of legal counsel, but would allow the option should the need arise. This amendment would not empower the legal counsel to supersede the Attorney General’s legal advice and the Attorney General would still represent all executive branch officers in judicial proceedings.[3] |
” |
| —Sen. Todd Weiler and Rep. Mike McKell[4] | ||
Opposition
Sen. Wayne Niederhauser (R-9) was the sole legislator to vote against the amendment.[5]
Arguments
Sen. Wayne Niederhauser, the President of the Utah Senate, wrote the argument against the amendment found in the state's voter guide:
| “ | Fractured Executive Power
The founders of Utah thought it was important to break executive power into small pieces. Where there was formerly one executive – a governor, for example – Utah’s founders divided the authority into five offices and charged that each be independently elected. There is genius in this separation. A divided team, working together, anchored separately in the voice of the people, provides more independent thought, fewer mistakes, and more citizen control. Regardless of this wisdom, we’ve whittled away at our system over the years. Some of the historic changes may have been needed, but they are indicative of a subtle departure from the architecture our founders envisioned. I don’t believe we should continue down this road. The founders intended that the Attorney General’s Office provide legal advice to our state officers. Proposed Change Too Broad In our discussions, proponents could not enunciate the need for this constitutional change without pointing to rare or hypothetical cases of conflict, such as a hostile audit. In those cases, I believe our officials do need separate and independent counsel. The Utah Supreme Court agrees and has already set forth a process to ensure that governmental officers and entities have appropriate counsel where there is an actual or potential conflict. Hypothetical exceptions don’t make this broad constitutional shift necessary. It’s easy to understand why officials want their own attorney. However, the preferences of executive power should not be a citizen’s first priority when constitutional architecture is concerned. Even conservative administrations do a poor job limiting themselves. There has been some assertion that no one intends to hire permanent full time attorneys or extra staff, but this proposal is written broadly to allow such expansion. It opens the door to increase the size and cost of government offices. The language needs to be narrowed so that hiring separate attorneys is only allowed in rare conflict of interest situations. Value of Independent Counsel Employees of the Utah State Attorney General’s Office are diligent and professional. They are independent. Their legal work is sound. Their advice must be based on the law, not the political desires or motivations of individuals. In contrast, the primary obligation of any attorney hired under Amendment C would be to the political office who hired them. Under this proposal, the state would not have better attorneys or better legal advice. It would – for good or ill – have attorneys who are beholden to the personality and agenda of individual politicians. Citizens Are The Final Check and Balance Power tends to overreach. I don’t believe the proponents of this amendment mean to do harm, but it is an overreach nonetheless. In this case, you can prevent it. Citizens shouldn’t give government everything it wants. I hope you’ll reject this overly broad amendment to our Constitution and let the legislature bring you a more narrowly crafted amendment in 2016.[3] |
” |
| —Sen. Wayne Niederhauser[4] | ||
Path to the ballot
- See also: Amending the Utah Constitution
A two-thirds vote was necessary in the Utah Legislature to place the amendment before the state's voters.
The measure was introduced into the state legislature on February 10, 2014, as House Joint Resolution 12. HJR 12 was approved in the Utah House of Representatives on March 6, 2014. The amendment was approved in the Utah Senate on March 13, 2014.
House vote
March 6, 2014 House vote
| Utah HJR12 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 68 | 100.00% | ||
| No | 0 | 0.00% | ||
Senate vote
March 13, 2014 Senate vote
| Utah HJR12 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 24 | 96.00% | ||
| No | 1 | 4.00% | ||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Utah Legislature, "HJR 12 Enrolled," accessed September 10, 2014
- ↑ Utah Lieutenant Governor, "2014 Constitutional Amendment Ballot Titles," accessed August 8, 2014
- ↑ 3.0 3.1 3.2 3.3 3.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 4.0 4.1 4.2 Utah Lieutenant Governor, "Utah Voter Information Pamphlet 2014," accessed October 20, 2014
- ↑ Utah Legislature, "HJR 12 Senate Vote," accessed September 10, 2014
 |
State of Utah Salt Lake City (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
