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The questions are sometimes unpredictable, but they're always asked with genuine curiosity. "Does the Attorney General wear a badge?" asks one of the many children
who come to my office to learn about our work, and I am once again reminded that the term "Attorney General" represents different things to different people.
After seven years as Chief Deputy Attorney General, I have a deep appreciation for the many ways in which the people, and the State, rely on this great office. I also believe
I have a thorough understanding of the qualifications and qualities needed to effectively fulfill the duties of an Attorney General. The effectiveness of the entire office depends largely on its leader's
training, legal expertise, managerial experience, and judgment, and I believe one should look to a candidate's record to see if he or she is truly prepared to lead.
The Experience to be Utah's "Top Cop"
The Attorney General is considered the state's chief law enforcement officer, and while most crimes are prosecuted by county attorneys, this office plays a significant role
in providing leadership in matters of public safety. During my two terms as Weber County Attorney, I examined scenes where a life had been brutally taken, or a child had been robbed of innocence, and I
knew it was my duty to seek justice in those crimes. In the course of prosecuting hundreds of felonies, including several high-profile homicides, I developed a deep appreciation for and a close
relationship with law enforcement. When I became Chief Deputy Attorney General in 1993, I continued to build upon those relationships to strengthen the investigative and prosecutorial functions of this
office and every related agency in the State.
As I face this election, I do so with the support of nearly every police chief in Utah. We have enjoyed a steady decline in violent crime over the last several years,
including rape, robbery, homicide, and aggravated assault. Arson, burglaries, motor vehicle thefts, and larcenies have all dropped as well. We are making progress, yet we all agree that there is still
work to be done.
Drugs
We have several initiatives in Utah which have contributed to the decline we are now seeing in drug offenses in Utah. As a prosecutor, I learned that simply arresting drug
users does not deter drug abuse. In the early 1990s, Third District Judge Scott Daniels suggested that the state establish specific courts to deal with drug addiction. Since money was not available at
the time to establish a full drug court, I established a prosecutor-run drug diversion program in Weber County to provide targeted offenders with extensive treatment to overcome addiction. The program
was later expanded to other counties, and eventually drug courts were established. As a member of the Utah Substance Abuse and Anti-violence Coordinating Council, I worked with the Legislature to provide
funding for the courts.
While drug courts have been an effective way to deal with drug users, Utah has faced another challenge: the production and sale of illegal and highly dangerous drugs like
methamphetamine. At one time meth "cooks" could easily obtain the ingredients needed to manufacture the drug. In the early 1990s we placed several restrictions on the sale of large quantities
of precursor drugs used to make meth, and more recently restricted even moderate quantities to stop kitchen labs from operating. These home-based labs often cause toxic fumes and explosions which
jeopardize entire neighborhoods. To further combat Utah's meth problem, I established a Methamphetamine Prosecution Unit within the Attorney General's Office in 1998. The number of lab seizures has more
than doubled in the last two years, and prosecutions and incarcerations have increased dramatically.
A recent phenomenon in Utah has been the increased use of GHB among our youth. The drug became popular in local clubs and rave parties and until this year, could be purchased
over the Internet and in local bodybuilding shops. This colorless, tasteless, odorless drug can totally incapacitate its user and can even cause death; it has also been used to commit criminal activity
such as rape. In the 2000 legislative session, I successfully lobbied to have GHB scheduled as a controlled substance in Utah, and we are now providing training to law enforcement officers and
prosecutors to help them determine whether GHB has been used to commit a sexual assault.
Child Abuse
Child protection has been one of the hallmarks of the current administration, and while critics have referred to the Attorney General's fight against child abuse and family
violence as "pet projects," I firmly believe that prevention and intervention of these crimes must continue to be a central mission of this office. We have a legal and moral obligation to
ensure that every child is protected and that those who are victimized can turn to a system that delivers justice and healing.
My decision to run for Attorney General was deeply influenced by an event I witnessed 12 years ago as a prosecutor, when I observed a frightened 5-year-old victim being
interviewed in a crowded police station. I knew that there had to be a better way, and in 1990 I established Utah's first Children's Justice Center, a place where children could be interviewed and
examined in a nonthreatening environment. Under my direction, the Attorney General's Office has expanded the program to12 centers, and thousands of children have found comfort and help there. As past
president of the National Organization of Children's Justice Centers, I have worked with other states to establish similar programs and am prepared to continue the Attorney General's oversight of this
treasured program in Utah.
An emerging risk for children is the Internet, which is a wonderful educational and recreational resource, but can also be used to victimize children. Earlier this year, I
created Utah's first Internet Crimes Against Children Task Force. Its goals are to identify and prosecute sexual predators, as well as collectors and distributors of child pornography. The task force is
also providing education to law enforcement, public schools, and parents. In the first six months of operation the task force exceeded every objective that had been set for the entire 18-month grant
period. Its success is largely attributable to the fact that it is a collaborative effort: our prosecutors and investigators work closely with investigators from the FBI, the Salt Lake County Sheriff's
Office, the Salt Lake Police Department, the Department of Public Safety, and other agencies.
Youth Violence
Youth violence continues to be an issue of concern in our communities, and while juvenile crime is down, we must be vigilant to maintain that trend. As Chief Deputy, I have
worked with other State agencies to toughen the penalties for youth violators and streamline the process for bringing serious youth offenders into the adult system. We have also strengthened the
provisions relating to juveniles using and possessing firearms and have provided enhancements to various criminal provisions if the acts were committed by groups affiliated in a gang.
But I believe that the best approach to fighting youth violence is early intervention, and I focused much of my energy on working with youth at that level. I helped develop
the Attorney General's gang prevention programs "Not My Kid" and "Not This Kid" to educate parents and teens about the dangers of gang activity. As a Scout leader for 25 years, I
recognized an opportunity to work with local Boy and Girl Scout Councils to educate kids and together, we created the crime prevention activity patch for Scouts.
Last year, we also developed a School Search Manual for Utah schools to guide them in conducting lawful and appropriate searches of students and students' property. This
year, I oversaw a Listening Tour of high schools throughout the state, wherein we talked to students about their safety concerns and their thoughts about the causes of youth violence. We also solicited
suggestions for ways to identify potential problems and better protect students.
The Will to be an Advocate for the People
As a constitutionally elected leader, the Attorney General is an independent voice for the people and should take whatever action is necessary to protect and serve the public
interest. Fulfilling that responsibility not only takes legal expertise, it takes courage and vision to do what is right for the people of Utah.
Tobacco
Utah's tobacco lawsuit is perhaps the best example of this leadership. I have been actively involved in this suit since Attorney General Graham filed it in 1996. Its
settlement will bring almost $1 billion to Utah and forever changed the face of tobacco advertising in this country, as companies can no longer market their products to our children.
Detractors of the Attorney General have suggested that outside counsel should not have been used and that fees could have been avoided by using staff attorneys. However,
virtually all of the states that led this fight contracted with outside counsel having national prominence in tobacco litigation. Those firms assumed all of the risk in taking on a $45 billion a year
industry, and it was the leadership shown by those states, including Utah, that filed early that brought the industry to its knees. Utah could have waited on the sidelines in hopes of jumping on the
bandwagon once a settlement had been secured, but it was our early involvement that brought an additional $150 million strategic contribution award to the state.
Victims' Rights
I have served as the chair of the State Council on Victims for ten years, and in 1994, through the work of the Council and the Attorney General's Office, the State amended
the State Constitution to provide for the rights of victims. Basic rights, such as the right to be heard, the right to present and the right to be notified are now an integral part of the State
Constitution. In addition, the amendment allows victims and witnesses not to have to testify at the preliminary stages of a criminal proceeding and allows their testimony to be presented to the judge by
police officers or other reliable sources.
In order to better serve the victims involved in the criminal cases handled by the Attorney General's Office, I created a victim assistance program in 1995. Advocates not
only help victims and other witnesses prepare for trial, they also assist victims in accessing resources such as crime victim reparations.
Consumer Protection
One of the areas of the Attorney General's Office that has grown considerably under my supervision has been our consumer protection efforts. Every year thousands of Utahns
are victimized by companies engaging in improper and illegal business practices. We've pursued these companies both civilly and criminally, with excellent results, and in many cases have been fortunate
to obtain substantial refunds and damage awards that directly benefit Utah consumers.
Recent victories include a settlement with Publisher's Clearing House to issue refunds for deceptive sweepstakes promotions, a $1 million dollar settlement based on
price-fixing claims against a company that manufactures a drug to treat Alzheimer's, and an antitrust suit against Toys R Us, which resulted in $250,000 in toys and cash being provided to benefit Utah's
needy children.
A significant portion of our work has been focused on white-collar crime, including the prosecution of scam artists who devise pyramid schemes, recovery companies, and bogus
investments to defraud the public. Utah's seniors are among the most vulnerable and comprise 30 percent of all fraud victims. The best strategy for fighting fraud is prevention, so we also initiated an
aggressive education effort to help senior citizens protect themselves and to encourage them to report suspicious offers.
The Skill to be the Legal Advisor for the State
The Utah Attorney General's Office is the largest law firm in the State, handling the legal needs of a $4.5 billion public corporation and its 16,000 employees. Everyday
state agencies rely on the legal expertise and judgment of the employees within this office to advise them in achieving the State's objectives, defending our laws, and protecting Utah's natural and
monetary assets. As legal counsel for the State, it is critical that the Attorney General's Office advise its clients based not on politics, but on the facts and the law. It is also essential that its
attorneys recommend the most effective legal strategies for obtaining the desired objective for a client agency.
The Public Attorneys Act
As a constitutionally elected officer, the Attorney General has the authority to pursue civil legal actions on behalf of the State, and the people, of Utah. In 1999
legislators attempted to strip the Attorney General's Office of that independence and authority and grant it to the Governor, claiming the Governor should make all legal decisions for the State.
When the measure passed, public outcry was immediate and intense. People saw the Attorney General as a "check" in government that would be compromised if the
State's legal decisions were not made by the Attorney General. In the months that followed, I became actively involved in efforts to restore that power to the Attorney General and in the 2000 session,
the law was amended. I believe strongly in protecting the integrity of this office, and if elected Attorney General, I would vigorously oppose any efforts to reduce the Attorney General's authority to
make independent decisions that are in the public interest.
Leadership
The legal expertise within the Attorney General's Office is extremely diverse, and Utah is fortunate to have a very able and dedicated legal staff to provide quality legal
work. The Attorney General is not expected to be an expert in all areas of law, but he or she is expected to be a qualified manager capable with the vision and leadership needed to set goals for the
office and ensure that those goals are met.
I have not only managed small, medium, and large public and private law firms throughout my 25-year legal career, I also hold an MBA and an accounting degree. I recognize
that we have a responsibility to provide excellent legal service at a reasonable cost to taxpayers, and I believe I am uniquely qualified to provide the most effective leadership of this great office. I
have a deep respect for this office and its potential to do great things for the people of Utah. As your next Attorney General, I pledge to fulfill my responsibilities as an officer of the court and an
advocate for the people with dignity, professionalism, and independence.
For more information, please visit www.RichardsforAG.com
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