Utah Supreme Court hears arguments on whether restitution can be apportioned in State v. DeBrock

The Utah Supreme Court heard argument Oct. 26, 2025, on whether a criminal restitution order must make each defendant jointly and severally liable for a victim's entire pecuniary loss or whether courts may apportion restitution among multiple defendants under Utah's Liability Reform Act (LRA).

At oral argument, Natalie Scabine, representing the defendant, argued that language in the LRA governs allocation and that criminal restitution need not be joint and several. "Restitution for the entire amount of pecuniary damages that are proximately caused to each victim does not mean that the award must be joint and several," Scabine told the court, arguing the LRA provides a statutory framework for apportionment by fault and that recent statutory changes to the restitution law do not foreclose applying those civil principles.

Aaron Middleton, representing the State of Utah, urged the court to affirm the lower courts and hold that restitution orders are governed by the Crime…