From Deseret News archives:
Confusion surrounds voucher debate
Neither I, nor my office, was involved in the voucher debate until Gov. Jon Huntsman Jr. asked for an opinion on the effect of House Bill 174 and whether it could stand on its own should HB148, the other voucher bill, be rejected on a referendum vote. State law required me to give my legal opinion and to begin with the presumption that HB174 was valid.
With the help of several attorneys within our office (Democrats and Republicans, voucher proponents and opponents) we arrived at the conclusion that HB174 was imperfect, but it still contained enough information to be considered a valid law. It was passed as a separate bill and signed by the governor and was not challenged by the referendum process. The Utah Supreme Court reached a different conclusion. I respect the judicial process and am pleased there is clarity for voters.
My record shows that I am not afraid to buck political power brokers or go against popular opinion to see that the law is followed. Let me share with you some examples of where I attempted to do that concerning vouchers:
The school board turned to me as their attorney and cited their own governing law to request my answers to 25 legal questions about the voucher program. That same law required the board to accept my opinion as "correct and final" until a court ruled otherwise. The board did not wait for a court ruling and again rejected my advice.
Some board members also used two "special assistant attorneys general" to file a legal brief with the Supreme Court that contradicted the position of the attorney general's office. A special assistant attorney general is required to follow the legal direction of the attorney general and thereby become answerable to "the people." Those lawyers could no longer represent our office after creating such a clear conflict of interest.
You chose your profession because you care and know the importance of a child's education. I am certain that most educators teach their students to obey the law and respect the democratic process. As Supreme Court Justice Thurgood Marshall once said, "Education is not the teaching of the three R's. Education is the teaching of the overall citizenship, to learn to live together with fellow citizens, and above all to learn to obey the law."
I trust you'll agree that if the means include breaking the law, then the end will never justify those means not even when it comes to vouchers.
Mark Shurtleff is Utah's attorney general.
Comments
- 2 arrested in Roy double slaying 4:09 p.m.
- Bountiful art center seeks drawings 4:07 p.m.
- Oil settles above $78 3:50 p.m.
- Woods settles his lawsuit 3:47 p.m.
- Charles Gibson to retire 3:46 p.m.
- Bishop Burton: These are good times 3:38 p.m.
- Holiday television program listings 3:30 p.m.
- Obama aunt anguished by separation 3:16 p.m.
- Police release holiday safety video 3:15 p.m.
- GM CEO Henderson resigns 3:15 p.m.
- 2 citations issued at Y.-U. game
- BYU says Hall incident resolved
- Max Hall: a fixture in rivalry lore
- Mitchell called intelligent, controlling
- 'Grandfamilies' a growing trend
- Hall reprimanded by MWC
- Utes won't respond to Hall
- Daughter: Mitchell fed me my pet
- Hall's pain reflects self-betrayal
- MWC '09 season in review
- Hall mouths off about hate of Utah
900 - Cougars beat Utes in overtime
482 - Hall reprimanded by MWC
399 - Max Hall issues apology
386 - Hall's pain reflects self-betrayal
339 - Utes won't respond to Hall
272 - BYU says Hall incident resolved
209 - 2 citations issued at Y.-U. game
146 - BYU is champion of the state
141 - Man trapped in Nutty Putty cave dies
125
I agree that we are a nation of laws. However, I disagree with the laws that...
This is old news- good luck charlie, you appear to be a decent guy!
I'm a Y fan, but I'm real happy to see TCU do so well. They execute well and...
So Max Hall will go through life having Ute fans hate him. Whoopdeeedoooo!...
Come on guys. Open your eyes!
Government Motors is hell-bent on spending all our money.
I live in Rio and not even the officials in Rio are considering the comment...
Hey there 3:38pm MAN, WOMAN or WHATEVER you are? Speak for yourself, friend....
Opponents and their supporters can criticize me all they want. That’s...
Congratulations on the bywho victory Saturday and the outstanding performance...


You can be the first to comment on this story.