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House approves Public Attorneys Act after heated debate on process and authority
Summary
After hours of floor debate over timing, separation of powers and who should direct civil litigation, the Utah House on Feb. 24 passed House Bill 139, the Public Attorneys Act, 49–20. Supporters said the bill clarifies legal responsibilities; opponents urged more study and warned of constitutional questions.
The Utah House on Feb. 24 passed House Bill 139, the Public Attorneys Act, after extended debate over whether the measure should be rushed through the session or studied further.
Representative Curtis, sponsor of the bill, told colleagues the measure "simply goes through the 30 public attorneys in the state of Utah and tries to define their responsibilities as public attorneys," drawing a distinction between civil counsel functions and prosecutorial duties and arguing the bill "does not strip the Attorney General of power and authority." He said the bill aims to restore what the state's constitutional framers envisioned by clarifying who makes the ultimate litigation decisions for executive agencies.
Supporters framed the measure as a policy clarification. Representative Swallow said the…
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