Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Government Accountability topic
No spam. Unsubscribe anytime.
House restores private-attorney-general doctrine for suits against government
Summary
Lawmakers approved HB 79 to reinstate the private-attorney-general doctrine for government-related suits, arguing it preserves citizens' ability to seek accountability; supporters cited past failures of local enforcement and constitutional separation-of-powers questions. Vote: 66–0.
The House on Feb. 24 passed House Bill 79 to restore the private-attorney-general doctrine in actions against government entities, arguing that the doctrine enables citizens to pursue enforcement when government bodies fail to protect legal rights. The bill passed 66–0 and will be sent to the Senate.
Representative Green, the sponsor, told the chamber the doctrine has been recognized by Utah courts and that reinstating it addresses situations where public bodies have declined to enforce laws: "This is why you have a private attorney general option because the city would not enforce their own laws," he said, recounting a constituent experience where local officials failed to follow procedures and litigation became the citizen’s only remedy.
Supporters argued the measure restores accountability and prevents government conduct from being insulated behind taxpayer-funded defenses; some members proposed narrow substitutes to exclude private entities from the doctrine, but a motion to substitute was defeated and the House returned the bill to its pre-2009 status. After debate, the House approved the bill unanimously and referred it to the Senate.
