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Utah Senate rejects resolution asking attorney general to replace outside counsel in abortion case
Summary
The Senate considered SJR 1, which urged the attorney general to choose alternate outside counsel for litigation defending Utah—s abortion statute amid concerns about perceived conflicts; Solicitor General Jan Graham told senators selection was driven by availability and competence and that the issue was largely a public-perception concern. The resolution failed on a 9-19 roll call.
The Utah State Senate debated a resolution asking the attorney general to appoint different outside counsel to defend the state—s abortion statute, but rejected the measure on a roll-call vote.
Senator Delta A. Baird and Senator Lorraine McAllister were listed as sponsors of Senate Joint Resolution 1, which argued the law firm chosen to defend the statute posed a conflict because some of its lawyers have served as cooperating counsel or on the board of the American Civil Liberties Union in litigation that touches on related issues.
Solicitor General Jan Graham, speaking for the attorney general—s office, told the Senate the office compiled a list of eight firms, pursued negotiations and, after some firms declined because of conflicts, selected teams based on experience and the governor—s and attorney general—s requirements. "We started meeting in early March to create a list of law firms we thought could handle this case," Graham said, describing rapid negotiations when the suit was filed and noting that some firms declined for confidential conflict reasons. She characterized the concern raised by senators as largely a public-perception matter rather than a formal legal conflict and offered to review disclosures and obtain written waivers if required.
Senator Lane Beatty, who pressed the question of who waived any potential conflict and whether the attorney general had authority to do so for the state, said his concern was not about lawyers— memberships in civic organizations but about whether a firm was actively litigating matters adverse to the state. "My question to the attorney general's office...was simply to ask him, was that conflict disclosed and who waived it for the client?" Beatty asked.
Graham said the situation had been disclosed to the governor's office and to the opposing counsel where appropriate, and that a formal waiver would be obtained in writing if a formal conflict existed. She also described steps the selected firm had taken to sequester management of the suit from other matters in the firm.
After extended debate, the Senate recorded a roll call on SJR 1. The tally was 9 ayes, 19 nays and 1 absent; the resolution was defeated.
The Senate then proceeded to other items on the special-session agenda, including bills on abortion-law clarifications and a bundled capital/bond package that drew separate, lengthy discussion.
