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House adopts substitute to HB198 requiring AG conflict analysis, forwards bill to Senate
Summary
The House approved a second substitute to House Bill 198 requiring the attorney general to conduct conflict-of-interest assessments consistent with professional conduct rules, to screen internal representations when necessary, and offering a judicial remedy if the AG withholds an opinion; the measure passed unanimously in the recorded vote.
The Utah House approved a second substitute to House Bill 198 on Feb. 16 that aims to clarify procedures for Attorney General opinions and to prescribe remedies when an opinion is withheld. The substitute passed the House by the recorded tally shown in the transcript and will be transmitted to the Senate.
Sponsor Representative Nelson said the substitute reorganizes the bill, requires upfront conflict-of-interest analyses consistent with rules of professional conduct, and adds an explicit screening structure within the attorney general’s office so that different attorneys can represent conflicting government interests while preserving confidentiality. Nelson said the changes were developed through meetings with the attorney general’s office, the courts, and the bar association.
The substitute also includes a remedy for the legislature: if the attorney general, after completing the prescribed analysis and screening, withholds an opinion, the legislature may petition the Utah Supreme Court for an extraordinary writ to mandate compliance. Nelson described this change as balancing deference to judicial processes while providing an efficient statutory remedy.
After questions from members and explanation of the substantive reordering, the floor adopted the substitute and then approved the bill. The House recorded the vote in favor of the second substitute and passed the bill; the transcript shows the second substitute and final passage (62 yes, 0 nays) and the bill will proceed to the Senate.
