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Utah County commission backs resolution urging state repeal and replacement of death penalty, 2-1

Utah County Board of County Commissioners · October 27, 2021
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Summary

After extended public testimony, the Utah County Board of Commissioners approved (2-1) a resolution urging the Utah Legislature to repeal and replace the state death-penalty statute, citing high costs, prolonged appeals and risk of wrongful conviction; commissioners recorded a recorded split vote.

The Utah County Board of Commissioners voted 2–1 to approve a resolution urging the Utah Legislature to repeal and replace the state’s death-penalty law.

Commissioner Powers Gardner introduced the resolution, citing fiscal costs, prolonged appeals and the risk of wrongful execution. Gardner said the county has difficulty budgeting for rare but costly capital prosecutions and stressed a pro-life perspective in urging repeal unless the federal framework is changed.

State Representative Lowry Snow, who said he intends to sponsor legislation consistent with the resolution, testified in favor, arguing the resolution aligns with conservative and fiscal principles. Victim representatives spoke on both sides: Nanette Ride (widow of a slain Utah County deputy) recounted decades of appeals and urged reforms to ensure victims are not retraumatized; another caller strongly opposed repeal, arguing the resolution centers budgetary concerns over justice for murder victims.

Utah County Attorney David Levitt and Sheriff Mike Smith both addressed the commission. Levitt explained he had concluded county-level pursuit of the death penalty undermined victims as a whole and announced he would not seek capital punishment in pending aggravated-murder cases; he urged the commission to pass the resolution. Sheriff Mike Smith said he is troubled by framing justice as a budget question and urged deference to prosecutors and the state legislature.

After debate and public comment, commissioners Gardner and Lee voted in favor and Commissioner Sakovich opposed the resolution. The commission also discussed returning the matter to the legislature for statutory change; the resolution itself does not change state law and the county lacks authority to unilaterally repeal the death penalty.