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Why I am Running for State Attorney General
Shortly after I took office as Salt Lake County Commissioner, 19-year old Darby Golub - a son, a husband, a father - was killed in a drug deal just two blocks from my home. I
didn't know him, but seeking for understanding, I attended the funeral. I learned of a life destroyed, a child left fatherless, a family devastated. I came away from that experience solidly committed to
do all I could to stop drugs from destroying our communities and compelled to make a difference. That experience and horrific crime statistics in areas like meth, rape and larceny are what motivated me
to pursue the office of Utah Attorney General.
More needs to be done.
The Attorney General is the chief law enforcement officer in the state, and is constitutionally charged to provide legal counsel for the state and its agencies. But Jan
Graham has been distracted with peripheral issues and pet programs. Certainly, child protective services is an important facet of the Attorney General's office, but there is so much more that needs to be
done. It's time to refocus the office on its constitutional duties. It's time to partner with local law enforcement and restore positive working relationships with the state and its agencies. It's time
for the Attorney General to get back to basics: protecting the Constitution, defending families and fighting crime.
Utah has the highest number of methamphetamine labs per capita. On average, a woman is raped every ten hours. We lead the nation in theft. And most drug users finance their
addiction by stealing or committing fraud. Jan Graham and her administration have squandered their opportunity to take the lead. In the last eight years, the budget of the Attorney General's Office has doubled and they've added 150 full-time positions.
But do you feel any safer?
Drugs truly are the core of our crime problem. An estimated 80% of prisoners at the Point of the Mountain are addicts. We lock them up for their crimes, but fail to
effectively treat their addiction and, not surprisingly, they reoffend. It costs taxpayers $30,000 annually to incarcerate criminals, but just $3,000 per year to rehabilitate through drug courts - ten
times as much to maintain a criminal than to create a citizen. Both innovative and effective, drug courts are a real world solution I will fight for.
There is a leadership vacuum in the Attorney General's office.
The Attorney General's race comes down to one issue: Leadership. Currently, there is a leadership vacuum in the Attorney General's Office. Jan Graham has failed to provide
real vision and direction to the 180 staff attorneys. She has inappropriately hired outside counsel and cost us millions in the Tobacco Settlement monies. She has not held attorneys accountable and,
consequently, many state agencies have employed their own in-house attorneys to compensate where the AG's office has failed. The Attorney General's office is the state's largest law firm, representing 15
state agencies and 200 state divisions. But, under Democratic dominance, credibility, professionalism and accountability have eroded.
More than ever, we need an Attorney General who is a true leader. I will be a hands-on, face-to-face executive, open to innovative and real-world solutions, committed to
fundamental principles and mutual respect. I will listen. I will bring people together and provide a vision, restoring confidence and effectiveness.
I've served our country as a Navy JAG officer and prosecutor. I've been a Scoutmaster for nearly 20 years. And I've fought for safer communities as Assistant Attorney
General, a Salt Lake County attorney and Salt Lake County Commissioner. As your Attorney General, I will bring proven legal and leadership credentials, as well as a fundamental commitment to the values
of duty, responsibility and accountability.
I need your support and your vote. Check out my website at www.markshurtleff.com and on November 7,
please vote Mark Shurtleff for Attorney General.
Following are summaries of my opinions on critical issues facing Utah's next Attorney General.
Mismanagement: We must restore balance, professionalism and perspective to the Attorney General's Office.
Through mismanagement and poor communication, the current administration in the Attorney General's Office has allowed employee morale to deteriorate to an all-time low. Both
attorneys and staff complain of cronyism, poor pay, lack of recognition and overburdening caseloads. State agencies and county attorneys are absorbing a virtual exodus of talent from the Attorney
General's Office. And unfortunately, vacated AG positions are being underfilled by less experienced attorneys and staff.
To complicate matters, state agencies bemoan inadequate response from the Attorney General's Office, who is constitutionally charged to provide them legal representation.
Many agencies have consequently hired their own staff attorneys to ensure responsive and timely legal counsel, creating a duplication of duty and added expense.
As Utah's Attorney General, I will take my managerial duties very seriously. Employees need to be recognized, both with praise and pay. I will establish a means of
communication between management and frontline attorneys, aiming at resolving employee concerns, retaining skilled attorneys and providing consistent direction and policy. Further, I will establish a
workable client-attorney relationship with the state and its agencies, where attorneys are held accountable for their assignments and agencies are guaranteed effective and responsive representation.
I am also committed to improving the Attorney General's relationship with the Governor, legislators, and law enforcement officials. With her political grandstanding and
efforts to make policy rather than enforce the law, Jan Graham has undermined her office's effectiveness, prohibited positive working relationships and jeopardized employee compensation increases.
Adversarial relationships between leaders only stifles progress on critical state issues. While the Attorney General must not capitulate his or her authority to other bodies, much can be accomplished
through positive, productive dialogue and genuine efforts to protect the rights of Utahns.
If elected, I will not pursue pet projects which eclipse or dilute my statutory responsibilities to provide effective legal counsel to the state and its agencies. Overall, I
will be dedicated to administrative fiscal responsibility, professionalism and accountability.
Asset Forfeiture: Asset forfeiture is an important crime fighting tool, but must only occur within Constitutional limits and after due process.
Utah law allows money and assets used in or earned from illegal drug distribution to be subject to forfeiture. Supplementing tax dollars, the proceeds then return to law
enforcement entities to fund criminal investigations. I absolutely oppose civil asset forfeiture, but criminal asset forfeiture is an important crime fighting tool in the war on drugs. It prevents
criminals from profiting from criminal activity and prevents further illegal activity by denying criminals tools to commit crimes. Proceeds also help cover law enforcement expenses.
In 1999, the Commission on Criminal and Juvenile Justice estimated nearly $726,000 in forfeited property and cash was disbursed to local law enforcement agencies and drug
task forces to finance criminal investigations. Of that sum, nearly 60 percent was currency, the balance being property, vehicles or weapons. Those assets, after due process, then became resources for
the fight to stifle the very trade in which they were used. Law enforcement used those funds specifically for drug interdiction and undercover work.
The Utah Property Protection Act, also known as Initiative B on November's ballot, will maintain law enforcement's ability to seize illegal assets, but denies them access to
the proceeds. This initiative would unjustifiably restrict law enforcement's efforts to halt the sale and transport of illicit drugs. Tying the hands of law enforcement is not the solution to present
weaknesses in Utah's asset forfeiture statutes.
Initiative B proponents contend current Utah asset forfeiture law provides an inherent incentive for law enforcement abuse and an inducement for corruption among officers.
However, a November 1999 study conducted by the Office of the Legislative Auditor General did not find one incident where due process was not allowed or an innocent bystander lost their property. Current
state code specifies forfeited assets may not be used for law enforcement routine agency expenses, salaries or incentives, thus safeguarding against abuse. Furthermore internal procedures and courts
prevent overly zealous seizures.
While present code may need reform, Initiative B goes too far in restricting law enforcement and, consequently, in handicapping our war against illegal drugs. Consequently,
if I am elected Utah's Attorney General, I pledge to partner during the next legislative session with local law enforcement and legislators to advance a bill making justified changes to Utah's asset
forfeiture laws, to protect innocent owners and ensure due process while aggressively fighting the illicit drug trade.
School safety: Every parent wants to know their children are safe at school.
Our children's classrooms and playgrounds have become a backdrop for an alarming number of violent and deadly episodes across our nation. Every parent wants to know their
children are safe at school. We must ensure security and safety in our public schools. To do so, I will institute my "Safe Schools Initiative,” a five-point plan to bolster student safety.
Rather than introducing new mandates or restrictions on the rights of law-abiding citizens, my initiative reforms present policy and addresses violent crime at its core. To
fund this safety plan and avoid a negative impact on already strapped education budgets, I will establish a Safe Schools foundation, an organization of caring law enforcement officers and educators,
funded by private donations.
Safe Schools Initiative
1. Expand Community Oriented Policing programs to include a police officer in every school.
Law enforcement personnel will provide security and act as mentors. Security officers are currently present in some high schools, but few junior high or elementary schools. Teens who serve on my Criminal Justice Advisory Council strongly emphasize the need for fostering trust and cooperation between youth and police.
2. Work with school administrators to adopt a more sensitive protocol to address troubled youth.
Practically every child who lashes out or behaves violently has a history - a gradual escalation of problems. Those red flags can no longer be minimized or
dismissed. Educators, working with parents when possible, identify children who display questionable, erratic or violent behavior, then establish individual plans for
correcting and improving that behavior.
3. Establish youth governments and youth courts where teens are trained on how to mentor other youth and to establish consequences for those who commit offenses.
4. Develop a well-trained team of professionals to travel the state, presenting assemblies and seminars to educate youth on the realities and consequences of violence.
Our kids must realize that when they pick up a gun, they could kill or maim themselves or others. Part of these proposed assemblies and seminars will include firearm safety education, where children will be taught what to do when they discover an unsecured
weapon.
5. Urge all school districts to adopt a zero-tolerance policy regarding student possession of dangerous weapons in schools.
We must emphasize the importance of immediate and strict consequences for inappropriate behavior. I plan to use my close association with other elected county officials statewide to work with county youth services divisions to establish programs for expelled
students. Let me add, Utah must do something about an inadequate and ineffective juvenile justice system. Most working within the system struggle to do their best with troubled and violent youth. But
it is a flawed framework which needs immediate renovation. We are simply not addressing serious, criminal offenders; they are masters at manipulating the system. As Attorney General, I will work
closely with youth corrections, juvenile courts and the state legislature to achieve substantial reforms to improve school safety.
Corporate and industry lawsuits
Democratic Attorneys General nationwide have sought to mandate policy through lawsuit, overstepping the limits of their authority. However, it is not the Attorney General's
proper role to infringe upon business or industry, unless they clearly violate state law, in order to pursue a social or legislative agenda.
Amendments to Utah's Public Attorneys Act
I vigorously supported the amendments at the time of their passage. They effectively and appropriately clarified Utah's Attorney General's constitutional responsibilities.
The state and its agencies are the clients; the Attorney General is charged with providing effective legal counsel. The challenge does not lie in defining the Attorney General's duties, but in properly
executing those duties.
Outside counsel
In conflict of interest cases, it is clearly warranted that the Attorney General's Office should employ outside counsel. However, outside counsel is not justified when the
AG's Office possesses sufficient expertise and personnel to handle the case.
Death penalty
I support the death penalty as an absolute deterrent to taking another's life. A moratorium is not warranted. I am comfortable with present rights protections which ensure
due process for the accused.
Public record access
I support completely open government and unlimited access to public records.
Main advantage over opponent - Leadership
True leadership is both standing on principle and being able to bring others along, to promote productive and inclusive dialogue, to instill a vision. I have served our
country as a prosecutor in the US Navy JAG Corps, been in private practice and excelled as a leader in the Attorney General's Office. I have a reputation as a strong courtroom prosecutor, a persuasive
litigator and a sound policy maker. For the past 18 months I've served as Salt Lake County Commissioner, managed a staff of 5,000 and balanced a half billion dollar budget. As Commission Chair, I've
brought people together, cut spending for the first time in a decade, created a unified emergency communication system and opened a new county jail.
Now I want to take my fight for a safer Utah statewide. The skills I've acquired are crucial for Utah's next Attorney General. The Office is considered the state's largest
law firm, with nearly 200 attorneys assigned to 15 state agencies and 200 state divisions, and the Attorney General is the state's chief law enforcement officer. Jan Graham has virtually ignored local
leaders and local law enforcement. She's distracted us with peripheral issues and political grandstanding. She's overstepped her statutory responsibilities and undermined working relationships with other
government entities.
It's time for the Attorney General to get back to basics: fighting crime. It's time to restore professionalism and positive working relationships to the Attorney General's
Office. I plan to do that by targeting crime at its roots, by utilizing innovative crime-fighting tools like drug courts, and by partnering with local law enforcement to fight crime on the frontlines.
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