Agency: Attorney General

Line Item: Attorney General

Function

The Attorney General Main Line Item is the single largest line item within the office. It consists of 7 funded programs and accounts for $45,882,150 or 91.6 percent of the budget.

The Public Lands program and funding was transferred to the Public Lands Policy Coordinating Office as a result of passage of Senate Bill 239, during the 2005 General Session, 'Public Lands Policy Coordination.'

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Program: Administration

Function

The Administration program coordinates and supervises the work of attorneys, directs prosecutorial efforts on a state level, and provides all central services for the office. These services include fiscal, budgetary, computer, facilities and personnel matters as well as acquisitions and other expenditures.

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Program: Anti-Trust Prosecution

Function

The Antitrust Act allows the Attorney General to pursue antitrust cases. During the 2002 General Session, the Legislature transferred the funds from the Antitrust Revolving Account to the Attorney General Litigation Fund. Funds in this account are restricted for use in investigation and prosecution of antitrust litigation. Use of these funds is limited to amounts appropriated by the Legislature.

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Program: Child Protection

Function

The Child Protection Division of the Attorney General's office is the result of the passage of the Child Welfare Reform Act in the 1994 General Session. Under the Child Welfare Reform Act, the Attorney General represents the Division of Family Services in abuse and neglect cases.

Providing a safe living environment can involve something as drastic as permanently removing a child from an abusive home and making the child available for adoption. Usually it will involve other alternatives such as temporary shelter, foster care, or protective supervision of the child in his or her own home. All of these circumstances require court action and the involvement of the AG's office. The Child Protection Division advises the Division of Child and Family Services (DCFS) regarding a decision to remove a child from his or her home; represents DCFS in all court and administrative proceedings related to child abuse, neglect, and dependency, including but not limited to shelter hearings, dispositional hearings, dispositional review hearings, periodic review hearings, and petitions for termination of parental rights; advises DCFS caseworkers on an ongoing basis; and represents the Division of Human Services Department of Licensing that issues licenses for social service programs, such as child care centers and residential treatment centers.

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Program: Children's Justice

Function

The division provides advice, expertise and training on criminal prosecution of child abuse to prosecutors and investigators throughout the state who need technical assistance and experience in investigating and prosecuting child abuse cases. The attorneys often act as co-counsel with local prosecutors on complex, multi-jurisdictional, or conflict of interest child abuse cases. Frequently, an attorney from the division will assume complete control of a case.

The division is also responsible for coordination of the Children's Justice Center Program and staff support to the State Advisory Board on Children's Justice. One division attorney provides domestic violence training throughout the state to prosecutors, law enforcement officials, DCFS employees and other professionals. This attorney also prepares and updates a domestic violence manual. A division attorney represents the Division of Juvenile Justice Services.

The division employs forensic investigators who investigate allegations of abuse or neglect committed by foster parents or other licensed providers against children in DCFS custody. Division attorneys draft legislation in the areas of child abuse, domestic violence and elder abuse. They participate as members of Primary Children's Medical Center Child Protection Team, the state Child Fatality Review Committee, the state Domestic Violence Advisory Council, the Domestic Violence Governmental Affairs Subcommittee, the Governor's Cabinet Council on Domestic Violence, the Disproportionate Minority Confinement Task force, American Professional Society for the Abuse of Children, Child Abuse and Neglect Advisory Council and other state committees related to child abuse and domestic violence.

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Program: Public Advocacy

Function

The Public Advocacy Program consists of four divisions: Tax and Revenue, Criminal (including investigators), Environment and Consumer Rights. Unlike the State Counsel functions, this program focuses on regulatory functions and prosecutorial activities.

Tax and Revenue The attorneys of the Tax and Revenue Division provide support to the State Tax Commission, State Insurance Department, Department of Financial Institutions, and state entities that issue bonds. They ensure that Utah's monetary assets are defended against those who would evade payment of their legal share of taxes due. They also represent the agencies that regulate insurance companies and financial institutions, so citizens have the insurance and protection of deposits they expect. They also represent state entities issuing general obligations and revenue bonds to be certain amounts and conditions imposed by the Legislature are observed.

Criminal The Criminal Division has extensive experience in criminal prosecutions, with special expertise in homicide and public corruption cases. They investigate and prosecute crimes when county attorneys are disqualified or need additional resources; assist county attorneys throughout the state with other major prosecutions; review and investigate and respond to complaints and inquiries from law enforcement agencies, citizens, and legislators; and provide assistance to state and federal agencies. The division incorporates prosecutors specializing in insurance fraud, narcotics enforcement, Medicaid fraud, Welfare fraud, criminal nonsupport, financial crimes and money laundering.

Environment The Environment Division provides legal support to the Utah Department of Environmental Quality (DEQ). The division's objectives include protection of the Utah environment against those who would pollute or otherwise destroy it. Major programs implemented are in the areas of air quality plans and permitting, hazardous waste treatment and disposal, leaking underground storage tanks, historical hazardous substances disposal/superfund sites, surface water and groundwater protection, drinking water, and radiation. The Environment Division is also responsible for investigation of environmental crimes and coordination with local and federal law enforcement officials.

Consumer Rights The attorneys of this division represent the Department of Commerce; specifically, the Division of Occupational and Professional Licensing (which licenses over 50 professions in the state), Division of Real Estate (which licenses real estate agents and brokers and appraisers), Division of Securities (which licenses stockbrokers and agents), Division of Consumer Protection, and Division of Corporations. The division enforces antitrust laws and participates in multi-state antitrust enforcement. It criminally and civilly prosecutes securities, consumer, and other white collar fraud cases.

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Program: State Counsel

Function

There are six divisions within the State Counsel section: Child and Family Support, State Agency Counsel, Education, Appeals, Natural Resources and Litigation. The functions of State Counsel involve advising state agencies and defending these agencies against pending litigation.

Child and Family Support The Child and Family Support Division serves as legal counsel to the Office of Recovery Services (ORS) and the Department of Health (DOH).

As counsel to ORS, the division assists in carrying out federally mandated services such as establishing paternity, establishing child support obligations, modifying support orders, enforcing support orders in the state and establishing and enforcing support orders from other states and countries. With welfare reform limiting the period in which a custodial parent can receive financial assistance, it becomes crucial that child support is paid. The division also handles appeals for ORS.

The division also recoups Medicaid funds and TANF funds which are improperly received, and recovers Medicaid funds from liable third parties.

For the Department of Health, the office provides legal advice on a variety of legal issues, including: Medicaid eligibility; contract disputes, health care facility licensing and program compliance; and records access, including confidentiality issues. The division also appears as counsel in administrative hearings to determine Medicaid and UMAP (Utah Medical Assistance Program) eligibility.

State Agency Counsel The State Agency Counsel Division provides legal advice and representation to 36 state agencies. The division responds to public complaints regarding local public officials, open meetings, governmental records access, land use planning, and conflicts of interest.

Education The Education Division provides legal counsel to the State Board of Regents and the ten state higher education institutions. The division also provides legal counsel to the State Board of Education and the various state public education entities under the board's direct control and supervision. The division provides attorneys to handle legal issues such as civil rights, employment disputes, collections, contracts, torts, real property, copyright and patent, and compliance with state and federal statutory and regulatory requirements.

Criminal Appeals The Criminal Appeals Division handles the following types of cases:

1. All direct appeals involving state capital homicide convictions
2. All direct appeals involving state felony conviction and sentences
3. All interlocutory appeals involving pre-conviction rulings in state felony or capital homicide cases
4. All direct and interlocutory appeals involving Serious Youth Offenders
5. All direct and interlocutory appeals from juvenile court involving juveniles retained in juvenile court but charged or adjudicated guilty of an offense which would be a felony if committed by an adult
6. All state's appeals of dismissals or other termination of felony prosecutions, typically from pretrial dismissal of a felony information or suppression of evidence
7. All post-conviction state trial proceedings under rule 65c, Utah Rules of Civil Procedure, in which a convicted felon or capital murderer collaterally challenges his conviction or sentence
8. All direct appeals of state post-convictions proceedings
9. All habeas corpus federal trial proceedings in which state-convicted felons or capital murderers collaterally challenge their convictions in de novo federal proceedings
10. All direct appeals of federal habeas corpus proceedings
11. All petitions for certiorari review filed in the United States Supreme Court involving state felony or capital homicide convictions
12. All rule 23B, Utah Rules of Appellate procedure, proceedings in district and appellate courts (evidentiary proceedings involving claims of ineffective assistance of counsel) involving felony or capital homicide convictions
13. All petitions for release of convicted felons, petitions for certificates of probable cause, filed in appellate courts
14. All summary disposition appellate proceedings involving felons

In addition, the Criminal Appeals Division consults and otherwise assists trial prosecutors throughout the state on a regular basis in capital murder trials, search and seizure cases, and other major trials involving complex evidentiary or constitutional issues. This includes weekly requests for research, requests for help in preparing memorandums, requests for review of district court rulings, assistance in preparing jury instructions, and advice on the admissibility of evidence during trials.

The division regularly participates in providing training to trial prosecutors, as well as police and probation officers, through the SWAP and other educational forums. They have also developed a computerized index of major Utah and U.S. Supreme Court cases which prosecutors throughout the state may use for quick research and reference through the AG Internet page.

The appellate courts insist on very tight deadlines, with priority given to capital murder and imprisoned defendants. The appellate courts are extremely reluctant to grant more than one 30-day extension to the state in submitting a brief. The Rules of Appellate Procedure permit the appellate court to refuse to accept a late-filed brief or to prohibit the state from orally arguing a case in which a brief was submitted as little as one day late.

Natural Resources This division provides legal and litigation support to Utah Department of Natural Resources and its various divisions. The division also represents the state in matters of Indian Law.

Litigation The Litigation Division defends lawsuits against the state, its agencies, school districts and employees from lawsuits involving claims for damages. These cases typically involve civil rights, employment matters and personal injury claims. The division also acts as agency counsel for Risk Management; and handles most of the office's civil appeals.

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Program: Water Rights Adjudication

Function

The water adjudication attorneys work with the State Engineer's staff in preparing recommendations to the various district courts on pending adjudication actions. Where disputes over those recommendations arise, the attorneys prepare answers and litigate or negotiate settlements of the various disputes. The adjudication of the tens of thousands of water rights throughout the state provides certainty over water rights for thousands of water users.

The general adjudication process also includes the various reserved water rights claims of the United States, including reserved water rights for Indian reservations, national parks and monuments, national wildlife refuges and forest service lands. Under federal law, these claims must be adjudicated in state court as part of the general adjudications process.

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