S.B. 235

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ATTORNEY GENERAL POWERS -
2 CONTINGENT FEE ARRANGEMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Robert F. Montgomery
6 AN ACT RELATING TO THE ATTORNEY GENERAL; CLARIFYING THE ATTORNEY
7 GENERAL'S AUTHORITY TO INITIATE CERTAIN ACTIONS; CLARIFYING THE
8 ATTORNEY GENERAL'S AUTHORITY TO HIRE OUTSIDE COUNSEL ON A
9 CONTINGENT FEE BASIS; AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 67-5-1, as last amended by Chapter 198, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 67-5-1 is amended to read:
15 67-5-1. General duties.
16 (1) The attorney general shall:
17 [(1)] (a) except as provided in Sections 10-3-928 and 17-18-1, attend the Supreme Court
18 and the Court of Appeals of this state, and all courts of the United States, and prosecute or defend
19 all causes to which the state, or any officer, board, or commission of the state in an official
20 capacity is a party; and take charge, as attorney, of all civil legal matters in which the state is
21 interested;
22 [(2)] (b) when jointly agreed by the governor and the attorney general:
23 [(a)] (i) initiate legal proceedings in a court of competent jurisdiction on behalf of the state,
24 or any officer, board, commission, agency, or instrumentality of the state for the purpose of
25 opposing or challenging federal laws, regulations, or court orders and their impact on or
26 applicability to the state; and
27 [(b)] (ii) as the budget permits, retain outside legal counsel with appropriate expertise to

1 represent the state in the legal proceedings;
2 [(3)] (c) after judgment on any cause referred to in Subsection (1), direct the issuance of
3 process as necessary to execute the judgment;
4 [(4)] (d) account for, and pay over to the proper officer, all moneys which come into his
5 possession, that belong to the state;
6 [(5)] (e) keep a file of all cases in which he is required to appear, including any documents
7 and papers showing the court in which the cases have been instituted and tried, and whether they
8 are civil or criminal, and:
9 [(a)] (i) if civil, the nature of the demand, the stage of proceedings, and when prosecuted
10 to judgment, a memorandum of the judgment and of any process issued whether satisfied, and if
11 not satisfied, the return of the sheriff;
12 [(b)] (ii) if criminal, the nature of the crime, the mode of prosecution, the stage of
13 proceedings, and when prosecuted to sentence, a memorandum of the sentence and of the
14 execution, if the sentence has been executed, if not executed, of the reason of the delay or
15 prevention; and
16 [(c)] (iii) deliver this information to his successor in office;
17 [(6)] (f) exercise supervisory powers over the district and county attorneys of the state in
18 all matters pertaining to the duties of their offices, and from time to time require of them reports
19 of the condition of public business entrusted to their charge;
20 [(7)] (g) give his opinion in writing and without fee to the Legislature or either house, and
21 to any state officer, board, or commission, and to any county attorney or district attorney, when
22 required, upon any question of law relating to their respective offices;
23 [(8)] (h) when required by the public service or directed by the governor, assist any district
24 or county attorney in the discharge of his duties;
25 [(9)] (i) purchase in the name of the state, under the direction of the state Board of
26 Examiners, any property offered for sale under execution issued upon judgments in favor of or for
27 the use of the state, and enter satisfaction in whole or in part of the judgments as the consideration
28 of the purchases;
29 [(10)] (j) when the property of a judgment debtor in any judgment mentioned in
30 Subsection [(9)] (i) has been sold under a prior judgment, or is subject to any judgment, lien, or
31 encumbrance taking precedence of the judgment in favor of the state, redeem the property, under

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1 the direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
2 pay all money necessary for the redemption, upon the order of the state Board of Examiners, out
3 of any money appropriated for these purposes;
4 [(11)] (k) when in his opinion it is necessary for the collection or enforcement of any
5 judgment, institute and prosecute on behalf of the state any action or proceeding necessary to set
6 aside and annul all conveyances fraudulently made by the judgment debtors, and pay the cost
7 necessary to the prosecution, when allowed by the state Board of Examiners, out of any money not
8 otherwise appropriated;
9 [(12)] (l) discharge the duties of a member of all official boards of which he is or may be
10 made a member by the Utah Constitution or by the laws of the state, and other duties prescribed
11 by law;
12 [(13)] (m) institute and prosecute proper proceedings in any court of the state or of the
13 United States, to restrain and enjoin corporations organized under the laws of this or any other
14 state or territory from acting illegally or in excess of their corporate powers or contrary to public
15 policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and wind
16 up their affairs;
17 [(14)] (n) institute investigations for the recovery of all real or personal property that may
18 have escheated or should escheat to the state, and for that purpose he may cite any persons before
19 any of the district courts to answer inquiries and render accounts concerning any property, may
20 examine all books and papers of any corporations, and when any real or personal property is
21 discovered that should escheat to the state, the attorney general shall institute suit in the district
22 court of the county where the property is situated for its recovery, and escheat that property to the
23 state;
24 [(15)] (o) administer the Children's Justice Center as a program to be implemented in
25 various counties pursuant to Sections 67-5b-101 through 67-5b-107; [and]
26 [(16)] (p) assist the Constitutional Defense Council as provided in Section 63C-4-102; and
27 (q) institute actions to enforce, collect, or otherwise resolve claims that the state may have
28 against others.
29 (2) When the attorney general determines that it is in the public interest, the attorney
30 general may retain outside legal counsel on a contingent fee basis to prosecute actions under
31 Subsection (1)(q) under the attorney general's direction.

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Legislative Review Note
as of 2-13-97 7:05 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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