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Senate splits over constitutional revision of attorney general's role; amendment to insert "chief" fails, AG section bracketed
Summary
Senators debated SJR 8, a proposed revision to the Utah Constitution's executive article that would clarify the attorney general's role. After extensive testimony and floor debate, an amendment to insert the word "chief" failed (13–16) and the Senate voted to bracket the AG section; the substitute resolution later passed as amended.
The Senate devoted a large portion of the day to SJR 8, a proposed constitutional revision from the Constitutional Revision Commission that would modernize multiple parts of the executive article, including how the attorney general and the board of pardons are described.
Senator Lyle Hilliard, presenting the substitute, said the CRC had spent three years studying the issue and recommended several changes: raising minimum ages for some statewide officers, renaming the Board of Pardons (to Board of Pardons and Parole), adding restitution authority for the pardons board, and clarifying the attorney general's role relative to agency counsel. Hilliard told the chamber the CRC included the word "chief" to recognize that many agencies employ law‑trained personnel and to allow the attorney general to set uniform legal policy if a conflict arises.
A committee of the whole heard testimony from Scott Matheson (CRC), Justice Zimmerman, former Attorney General Paul Van Dam (who opposed making changes that would concentrate legal policy authority), and Jan Graham from the attorney general's office. Matheson described the practical problem of "closet lawyers" in agencies and argued for constitutional language that acknowledges those attorneys while giving the AG a supervision role when conflicts arise.
Opponents warned the proposal would broaden AG authority and could lead to a proliferation of agency law offices, budget increases and a transfer of power. Paul Van Dam and other opponents said the change could reduce an independent check and tilt authority toward governors and centralized control.
After floor debate, Senator Hilliard moved to insert the word "chief" to make the attorney general the chief legal adviser to the executive department. A roll call failed the amendment (13 ayes, 16 nays). Hilliard then moved to bracket (remove) section 9 of the substitute (the AG provisions) so that the existing constitutional language would remain unchanged; that motion passed on the floor. Later, the substitute SJR 8 (with the bracketed AG language and other CRC revisions) was called for third reading and recorded as passing on a roll call (27 ayes, 0 nays, 1 absence) and placed on the third‑reading calendar.
What it means: The Senate preserved most CRC changes while excluding or deferring the contested language altering the AG's constitutional role; the Senate will send the approved text (with the AG section bracketed) forward in the constitutional revision process.
Next steps: Substitute SJR 8 advanced to third reading with the AG provision bracketed; proponents and opponents may continue to press for changes in subsequent committee work or public hearings.
