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[Utah Code Table of Contents]
[TITLE 67. Table of Contents]

67-5-1 General duties.

The attorney general shall:

(1) perform all duties in a manner consistent with the attorney-client relationship under Section 67-5-17 ;

(2) except as provided in Sections 10-3-928 and 17-18-1 , attend the Supreme Court and the Court of Appeals of this state, and all courts of the United States, and prosecute or defend all causes to which the state, or any officer, board, or commission of the state in an official capacity is a party; and take charge, as attorney, of all civil legal matters in which the state is interested;

(3) after judgment on any cause referred to in Subsection (2), direct the issuance of process as necessary to execute the judgment;

(4) account for, and pay over to the proper officer, all moneys that come into the attorney general's possession that belong to the state;

(5) keep a file of all cases in which the attorney general is required to appear, including any documents and papers showing the court in which the cases have been instituted and tried, and whether they are civil or criminal, and:

(a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to judgment, a memorandum of the judgment and of any process issued whether satisfied, and if not satisfied, the return of the sheriff;

(b) if criminal, the nature of the crime, the mode of prosecution, the stage of proceedings, and when prosecuted to sentence, a memorandum of the sentence and of the execution, if the sentence has been executed, if not executed, of the reason of the delay or prevention; and

(c) deliver this information to the attorney general's successor in office;

(6) exercise supervisory powers over the district and county attorneys of the state in all matters pertaining to the duties of their offices, and from time to time require of them reports of the condition of public business entrusted to their charge;

(7) give the attorney general's opinion in writing and without fee to the Legislature or either house, and to any state officer, board, or commission, and to any county attorney or district attorney, when required, upon any question of law relating to their respective offices;

(8) when required by the public service or directed by the governor, assist any county, district, or city attorney in the discharge of his duties;

(9) purchase in the name of the state, under the direction of the state Board of Examiners, any property offered for sale under execution issued upon judgments in favor of or for the use of the state, and enter satisfaction in whole or in part of the judgments as the consideration of the purchases;

(10) when the property of a judgment debtor in any judgment mentioned in Subsection (9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance taking precedence of the judgment in favor of the state, redeem the property, under the direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and pay all money necessary for the redemption, upon the order of the state Board of Examiners, out of any money appropriated for these purposes;

(11) when in his opinion it is necessary for the collection or enforcement of any judgment, institute and prosecute on behalf of the state any action or proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of Examiners, out of any money not otherwise appropriated;

(12) discharge the duties of a member of all official boards of which the attorney general is or may be made a member by the Utah Constitution or by the laws of the state, and other duties prescribed by law;

(13) institute and prosecute proper proceedings in any court of the state or of the United States, to restrain and enjoin corporations organized under the laws of this or any other state or territory from acting illegally or in excess of their corporate powers or contrary to public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and wind up their affairs;

(14) institute investigations for the recovery of all real or personal property that may have escheated or should escheat to the state, and for that purpose, subpoena any persons before any of the district courts to answer inquiries and render accounts concerning any property, examine all books and papers of any corporations, and when any real or personal property is discovered that should escheat to the state, institute suit in the district court of the county where the property is situated for its recovery, and escheat that property to the state;

(15) administer the Children's Justice Center as a program to be implemented in various counties pursuant to Sections 67-5b-101 through 67-5b-107 ;

(16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4, Constitutional Defense Council;

(17) pursue any appropriate legal action to implement the state's public lands policy established in Subsection 63C-4-105 (1);

(18) investigate and prosecute criminal violations of Title 26, Chapter 20, False Claims Act, in accordance with Section 26-20-13 ;

(19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients at health care facilities that receive payments under the state Medicaid program; and

(20) (a) report at least twice per year to the Legislative Management Committee on any pending or anticipated lawsuits, other than eminent domain lawsuits, that might:

(i) cost the state more than $500,000; or

(ii) require the state to take legally binding action that would cost more than $500,000 to implement; and

(b) if the meeting is closed, include an estimate of the state's potential financial or other legal exposure in that report.
    2002

67-5-2 Official bond.

The attorney general shall give to the state a surety-company bond in the sum of $5,000; the premium of said bond shall be paid by the state.
    1953

67-5-3 Performance of legal services for agencies - Billing - "Agency" defined.

The attorney general may assign his legal assistants to perform legal services for any agency of state government. He shall bill that agency for the legal services performed, if (1) the agency so billed receives federal funds to pay for the legal services rendered, or if (2) the agency collects funds from any other source in the form of fees, costs, interest, fines, penalties, forfeitures, or other proceeds reserved or designated for the payment of legal fees sufficient to pay for all or a portion of the legal services rendered; however, the agency may deduct any unreimbursed costs and expenses incurred by the agency in connection with the legal services rendered. As used in this act "agency" means any department, division, agency, commission, board, council, committee, authority, institution, or other entity within the state government of Utah.
    1982

67-5-4 Interaccount billings included in budget - Payment of staff members.

The attorney general shall include in his annual budget all interaccount billings and pay directly out of his funds all members of his staff, whether housed in his offices or not.
    1973

67-5-5 Hiring of legal counsel for agencies - Costs.

Except where specifically authorized by the Utah Constitution, or statutes, no agency shall hire legal counsel, and the attorney general alone shall have the sole right to hire legal counsel for each such agency. Where the Legislature has provided by statute for separate agency counsel, no such counsel may act as an assistant attorney general nor as a special assistant attorney general unless the attorney general shall so authorize. Unless he hires such legal counsel from outside his office, the attorney general shall remain the sole legal counsel for that agency. If outside counsel is hired for an agency, then the costs of any services to be rendered by this counsel shall be approved by the attorney general before these costs are incurred. The attorney general shall approve all billing statements from outside counsel and shall pay the full costs of this counsel unless the agency by legislative appropriation or in the form of costs, fees, fines, penalties, forfeitures or proceeds reserved or designated for the payment of legal fees receives from any other source the equivalent cost or a portion thereof, in which case the attorney general may bill the agency for the services; provided, the agency may deduct any unreimbursed costs and expenses incurred by the agency in connection with the legal service rendered.
    1982

67-5-6 Attorney General Career Service Act - Citation.

This act shall be known and may be cited as the "Attorney General Career Service Act."
    1973

67-5-7 Establishment of career service system.

(1) The purpose of this chapter is to establish a career service system for attorneys employed by the Office of the Attorney General that will attract and retain attorneys of proven ability and experience who will devote their full time to the service of the state.

(2) The Office of the Attorney General may adopt rules necessary to implement this chapter, including personnel and work rules different from those promulgated by the Department of Human Resource Management.
    2006

67-5-8 Eligibility for career service status.

(1) The attorney general has sole authority to determine who may be employed with the attorney general's office. No attorney employed by the state or any of its departments or agencies has any claim or right to a position in the attorney general's office by virtue of that employment.

(2) An attorney employed by the attorney general's office shall be placed in a career service status if:

(a) the attorney is a member in good standing of the Utah State Bar Association; and

(b) the attorney has been employed by the attorney general's office as an attorney for a probationary period of no more than one year except as provided in Subsection (3), but in no event less than six months. No attorney now employed by the attorney general's office in career service may be terminated under this chapter except for cause.

(3) The attorney general shall determine whether an attorney should be granted career service status. If, at the end of the probationary period established under Subsection (2), the attorney general determines that an attorney should be granted career service status, the attorney general shall notify the attorney in writing of that decision and place a copy of the notification in the attorney's personnel file. If the attorney general determines that career service status should not be granted, the attorney general may either terminate the attorney or extend the probationary period for a period not to exceed one year. The attorney general shall notify the attorney in writing of that decision and place a copy of the notification in the attorney's personnel file. An attorney terminated under this section has no appeal rights under this chapter.

(4) Attorneys in career service status under this chapter shall retire upon attaining the age of 70 years. Attorneys required to retire under this section may be employed by the attorney general after retirement as special assistant attorneys general. Any attorney employed in this capacity is not in career service status and is subject to termination as any other attorney employed by the attorney general who is not in a career service status.
    1985

67-5-9 Reassignment of career status attorneys - Additional compensation for managerial assignments - Employment of special assistant attorneys general - Termination of attorneys - Salary increases.

This chapter does not affect the authority of the attorney general to:

(1) assign and reassign attorneys in a career status to different positions on his staff. The salary of an attorney reassigned to a different position shall not be decreased by reason of reassignment; except that if the attorney reassigned occupies the position of deputy attorney general, the salary may be reduced by not more than 15% upon the assignment to a different position;

(2) develop, with the assistance of the Department of Human Resource Management, a plan for additional compensation for career status attorneys who accept managerial assignments within the office. The provisions of Subsection (1) notwithstanding, the attorney general may discontinue any additional compensation if the attorney no longer holds a managerial assignment. Additional compensation provided under this section shall be determined by the attorney general pursuant to the plan developed by the Office of the Attorney General. At such time as the attorney no longer holds a managerial assignment, and the attorney general decides to discontinue any additional compensation, the reduction may not place the attorney at a salary below where the attorney would be through normal salary increases if the attorney had not been in a managerial position;

(3) employ special assistant attorneys general, who shall not be subject to this chapter, to represent the state in particular lawsuits or to handle particular legal matters for the state;

(4) terminate the employment of any attorney employed by the Office of the Attorney General who is not in a career service status; or

(5) establish the salary or determine salary increases of any attorney under this chapter.
    2006

67-5-10 Career status attorneys as full-time employees - Completion of outside law practice.

(1) Attorneys in a career status shall be full-time employees and shall not engage in the private practice of law and shall not receive any fee for legal services rendered to any person, corporation, partnership, or other legal entity other than the state or the county in which the person holds office or by whom the person is employed. The practice of law prohibited by this subsection does not include pro bono service.

(2) Attorneys on probationary status who have not been granted career service status may, in the discretion of the attorney general, be granted permission to complete or handle legal matters previously begun before employment with the attorney general's office, but may not begin new matters once employed. Once career service status is conferred, the attorney is bound by the provisions of Subsection (1).

(3) The provisions of this section shall not apply to special assistant attorneys general retained on a fee basis to render services in connection with a single case or a related series of cases.
    1994

67-5-11 Attorney accepting appointment to state position exempt from merit provisions - Reinstatement in career status.

(1) An attorney in a career status accepting appointment to a position in state government which is exempt from the merit provisions of Title 67, Chapter 19, shall notify the attorney general in writing. Upon termination of the appointment, unless discharged for cause, the attorney, through written request of reinstatement made to the attorney general within 30 days from the effective date of termination from the appointment, shall be reinstated in a career status in the attorney general's office at a salary not less than that which he was receiving at the time of his appointment, and the time spent in the other position shall be credited toward seniority in the career service. Reinstatement shall be made no later than 60 days after the written notification required by this subsection or 60 days after the effective date of termination from the attorney's appointive position, whichever is later. The position and assignment to which the attorney shall return shall be determined by the attorney general.

(2) Every attorney employed by the attorney general's office with less seniority than an attorney entitled to be reinstated under this section holds his position subject to any reinstatement provided by Subsection (1).
    1987

67-5-12 Dismissal of career status attorneys - Causes - Procedure - Retention roster - Reappointment register.

(1) (a) Attorneys in a career status may be dismissed only:

(i) to advance the good of public service;

(ii) where funds have expired or work no longer exists; or

(iii) for causes such as dishonesty, inefficiency, insubordination, disloyalty to the orders of a superior, misfeasance, malfeasance, or nonfeasance in office.

(b) Attorneys in career status may not be dismissed for reasons of race, national origin, religion, or political affiliation.

(2) Except in aggravated cases of misconduct, no attorney in a career status may be demoted or dismissed without the following procedures:

(a) The attorney general shall notify the attorney of the reasons for demotion or dismissal.

(b) The attorney shall have an opportunity to reply and have the reply considered by the attorney general.

(c) The attorney shall have an opportunity to be heard by the attorney general or his designated representatives.

(d) Following a hearing, an attorney may be demoted or dismissed if the attorney general finds adequate reason.

(e) If the attorney general finds that retention of an attorney would endanger the peace and safety of others or pose a grave threat to the public interest, the attorney may be summarily suspended pending administrative hearings and a review by the Career Service Review Board.

(3) (a) An attorney in a career status who is aggrieved by a decision of the attorney general to either dismiss or demote may appeal the decision to the Career Service Review Board or its hearing officers by following the procedures in Title 67, Chapter 19a, Grievance and Appeal Procedures.

(b) Matters other than dismissal or demotion may be appealed to and reviewed by the attorney general or a designated representative whose decision is final with no right of appeal to the Career Service Review Board or its hearing officers.

(4) Disciplinary actions shall be supported by credible evidence, but the normal rules of evidence in courts of law do not apply in hearings before the attorney general or the Career Service Review Board or its hearing officers.

(5) (a) Reductions in force required by reinstatement of an attorney under Section 67-5-11 , inadequate funds, change of workload, or lack of work shall be governed by a retention roster to be maintained by the executive director of the Department of Human Resource Management and the requirements of this Subsection (5).

(b) Attorneys not in a career status shall be separated before any attorney in a career status.

(c) Retention points for each attorney in a career status shall be based on the attorney's seniority in service as an attorney in the Office of the Attorney General, including any military service fulfilled subsequent to the attorney's original appointment.

(d) Attorneys in career status shall be separated in the order of their retention points, the attorney with the lowest points to be discharged first.

(e) Those attorneys who are serving in other positions under Section 67-5-11 shall:

(i) have retention points determined as if they were working for the office; and

(ii) be separated in the order of the retention points as if they were working in the Office of the Attorney General.

(f) An attorney in a career status who is separated by reason of a reduction in force shall be:

(i) placed on a reappointment register kept by the executive director of the Department of Human Resource Management for one year; and

(ii) offered reappointment to a position in the Office of the Attorney General before any attorney not having a career status is appointed.
    2006

67-5-13 Limitations on political activities by career status attorneys.

(1) No attorney in a career status may, while in a pay status, be a state or federal officer in any partisan political party organization or in any statewide partisan political campaign. The attorney, however, may be an officer or delegate in a partisan political party organization at a county or inferior level or a delegate at a state or national level.

(2) No attorney in career status shall be a candidate for any partisan political office, but upon application to the attorney general he shall be granted a leave of absence without pay but without loss of existing seniority to participate in a partisan political campaign either as an officer or as a candidate. Time spent during the political leave shall not be counted for seniority purposes as being in service. For the purposes of this section, an attorney is not deemed to be a candidate until the primary elections have been held.

(3) No attorney in career status may engage in political activity during the hours of employment, nor may any person solicit political contributions from any attorney in career status during hours of employment or through state facilities or in any manner impose assessments on them for political purposes; but nothing in this section shall preclude voluntary contributions to a candidate or a political party.

(4) Partisan political activity shall not be a basis for employment, promotion, demotion, or dismissal. Any violation of this section may lead to disciplinary action against the attorney, which may consist of reprimand, suspension, demotion, or termination as determined by the attorney general.

(5) This section shall not be construed to permit partisan political activity by any attorney in career status who is prevented or restricted from engaging in this political activity by the provisions of any federal act or the rules and regulations promulgated under it.
    1985

67-5-15 Records of the attorney general.

(1) A record provided to the Office of the Attorney General by a client governmental entity shall be considered a record of the client governmental entity for purposes of Title 63, Chapter 2, Government Records Access and Management Act, if the client governmental entity retains a copy of the record.

(2) Notwithstanding Subsection 63-2-201 (5), records may be exchanged between the Office of the Attorney General and a client governmental entity, without meeting the requirements of Section 63-2-206 provided that they are used only for the purpose of representing the client governmental entity.
    1992

67-5-16 Child protective services investigators within attorney general's office - Authority.

The attorney general may employ, with the consent of the Division of Child and Family Services within the Department of Human Services, and in accordance with Section 62A-4a-202.6 , child protective services investigators to investigate alleged instances of abuse or neglect of a child that occur while a child is in the custody of the Division of Child and Family Services. Those investigators may also investigate reports of abuse or neglect of a child by an employee of the Department of Human Services, or involving a person or entity licensed to provide substitute care for children in the custody of the Division of Child and Family Services.
    1998

67-5-17 Attorney-client relationship.

(1) When representing the governor, lieutenant governor, auditor, or treasurer, or when representing an agency under the supervision of any of those officers, the attorney general shall:

(a) keep the officer or the officer's designee reasonably informed about the status of a matter and promptly comply with reasonable requests for information;

(b) explain a matter to the extent reasonably necessary to enable the officer or the officer's designee to make informed decisions regarding the representation;

(c) abide by the officer's or designee's decisions concerning the objectives of the representation and consult with the officer or designee as to the means by which they are to be pursued; and

(d) jointly by agreement, establish protocols with the officer to facilitate communications and working relationships with the officer or agencies under the officer's supervision.

(2) Nothing in Subsection (1) modifies or supercedes any independent legal authority granted specifically by statute to the attorney general.

(3) When the attorney general institutes or maintains a civil enforcement action on behalf of the state of Utah that is not covered under Subsection (1), the attorney general shall:

(a) fully advise the governor, as the officer in whom the executive authority of the state is vested, before instituting the action, entering into a settlement or consent decree, or taking an appeal; and

(b) keep the governor reasonably informed about the status of the matter and promptly comply with reasonable requests for information.

(4) In a civil action not covered under Subsection (1) or (3), the attorney general shall:

(a) keep the governor reasonably informed about the status of the matter and promptly comply with reasonable requests for information;

(b) explain the matter to the extent reasonably necessary to enable the governor to make informed decisions regarding the representation; and

(c) abide by the governor's decisions concerning the objectives of the representation and consult with the governor as to the means by which they are to be pursued.

(5) The governor may appear in any civil legal action involving the state and appoint legal counsel to advise or appear on behalf of the governor. The court shall allow the governor's appearance.
    2000

67-5-18 Obscenity and Pornography Complaints Ombudsman - Powers.

(1) As used in this section, "pornography" means material or a performance that meets the requirements of Subsection 76-10-1203 (1).

(2) (a) There is created an Obscenity and Pornography Complaints Ombudsman in the Office of the Attorney General.

(b) The attorney general shall hire an attorney licensed to practice law in Utah who has knowledge of obscenity and pornography law and, if possible, who has a background or expertise in investigating and prosecuting obscenity and pornography law violations to fill the position.

(c) The person hired to fill the position is an exempt employee.

(d) The attorney general may hire clerks, interns, or other personnel to assist the pornography complaints ombudsman.

(3) The Obscenity and Pornography Complaints Ombudsman shall:

(a) develop and maintain expertise in and understanding of laws designed to control or eliminate obscenity and pornography and the legal standards governing the regulation or elimination of obscenity and pornography;

(b) advise citizens and local governments about remedies to address instances of obscenity and pornography in their communities;

(c) advise local governments about ways to strengthen local laws and ordinances addressing obscenity and pornography;

(d) advise local governments about strategies to restrict, suppress, or eliminate obscenity and pornography in their communities;

(e) at the request of the attorney general or a local government, assist a local government in investigating and prosecuting state and local laws and ordinances addressing obscenity or pornography;

(f) before beginning an investigation:

(i) contact the county, district, or city attorney within whose jurisdiction an investigation by the Obscenity and Pornography Complaints Ombudsman will take place and inform that county, district, or city attorney of the investigation; and

(ii) coordinate efforts and share records, in accordance with Section 63-2-206 , with the county, district, or city's attorney referred to in Subsection (3)(f)(i) throughout the investigation;

(g) advise citizens about their options to address specific complaints about obscenity or pornography in their communities;

(h) when requested by a citizen or local government official, arbitrate between citizens and businesses to resolve complaints about obscenity or pornography;

(i) provide information to private citizens, civic groups, government entities, and other interested parties about the dangers of obscenity and pornography, the current laws to restrict, suppress, or eliminate pornography, and their rights and responsibilities under those laws;

(j) draft model ordinances that contain:

(i) various degrees of regulation of sexually-oriented businesses; and

(ii) options for local communities that can be used to regulate pornography and obscenity;

(k) assist political subdivisions in:

(i) drafting model rules, regulations, and policies; and

(ii) providing recommendations for enforcing those rules, regulations, and policies;

(l) in conjunction with Utah's county and municipal prosecuting attorneys:

(i) review Utah's and Idaho's moral nuisance law;

(ii) draft a comprehensive moral nuisance law for Utah and a model ordinance for municipalities and counties to provide an effective mechanism to abate and discourage obscenity and pornography; and

(iii) present the draft to the Legislature's Judiciary Interim Committee before October 25, 2001; and

(m) establish a program to combat Internet pornography and to assist parents in protecting their children from Internet pornography.
    2002

67-5-19 Adult content registry.

(1) As used in this section:

(a) "Access restricted" means access restricted as defined in Section 76-10-1230 .

(b) "Consumer" means a consumer as defined in Section 76-10-1230 .

(c) "Content provider" means a content provider as defined in Section 76-10-1230 .

(d) "Hosting company" means a hosting company as defined in Section 76-10-1230 .

(e) "Service provider" means a service provider as defined in Section 76-10-1230 .

(2) The attorney general, in consultation with other entities as the attorney general considers appropriate, shall:

(a) create a database, called the adult content registry, consisting of a list of content providers' sites, that shall be based on a Uniform Resource Locator address, domain name, and Internet Protocol address or a similar addressing system, that:

(i) are added to the database under Subsection (2)(b); and

(ii) provide material harmful to minors that is not access restricted;

(b) add a content provider site to the adult content registry only if the attorney general determines that the content provider is providing content that contains material harmful to minors that is not access restricted;

(c) when the attorney general determines that a content provider site should be placed on the adult content registry, if the content provider lists e-mail contact information, the attorney general shall notify the content provider and hosting company, if available, by e-mail:

(i) that the content provider is providing content that contains material harmful to minors that is not access restricted;

(ii) that the attorney general will place the content provider site on the adult content registry five business days after the notice is sent;

(iii) that the content provider can avoid being placed on the adult content registry if any material harmful to minors is access restricted; and

(iv) of the steps necessary for the content provider or hosting company to apply to be removed from the adult content registry;

(d) (i) if notification is required under Subsection (2)(c), place a content provider site on the adult content registry five business days after the day on which the division makes the required notification; or

(ii) if notification is not required under Subsection (2)(c), place a content provider site on the adult content registry five business days after the day on which the attorney general determines that the content provider should be placed on the adult content registry; and

(e) if requested by a content provider, remove a content provider from the adult content registry within two business days from the day on which the attorney general determines that the content provider no longer provides material harmful to minors that is not access restricted.

(3) The attorney general shall make the adult content registry available for public dissemination in a readily accessible access restricted electronic format.

(4) The attorney general shall establish a system for the reporting of material transmitted to a consumer in violation of Section 76-10-1232 .
    2005

67-5-20 Internet crimes against children - Education programs.

(1) (a) The attorney general may assist in efforts to prevent and prosecute Internet crimes against children, including working with other agencies of state and local government.

(b) Under Subsection (1)(a), the attorney general may administer the Internet Crimes Against Children Task Force, which is a statewide multidisciplinary and multijurisdictional task force that investigates, prevents, and prosecutes sexual exploitation offenses against children by offenders who use the Internet, online communications systems, or other computer technology.

(2) (a) As part of the attorney general's participation in this task force, the attorney general shall make available, to the extent legislative funding is available, statewide training and informational materials regarding Internet safety for children that focuses on prevention, reporting, and assistance regarding Internet crimes against children.

(b) The training and information shall include programs and information specifically designed for:

(i) children, which shall include classroom presentations and informative leaflets or other printed material; and

(ii) parents, guardians, educators, school resource officers, parent-teacher organizations, and libraries, which shall include Internet safety, technological protection measures, and effective supervision and review of children's use of the Internet, including locating and assessing sites children have had contact with.

(c) As possible, the attorney general shall direct that the task force work with state and local agencies that provide information and programs to prevent and prosecute Internet crimes against children to ensure the most effective use of resources.
    2005

67-5-21 Internet Crimes Against Children (ICAC) unit creation - Duties - Employment of staff.

(1) There is created within the Office of the Attorney General the Internet Crimes Against Children (ICAC) unit to investigate and prosecute cases involving child pornography and cases involving enticing minors over the Internet into illegal sexual acts.

(2) The attorney general may employ investigators, prosecutors, and necessary support staff for the unit created under Subsection (1).
    2006

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