"Our position is our office has statutory duty to represent the Board of Education and the State Office of Education," said assistant attorney general Bill Evans, who plans to testify before the Education Interim Committee today. "We're not aware of any change in that or any law to the contrary."

But State Office of Education lawyers Carol Lear and Jean Hill, however, were hired by the state superintendent of public instruction years ago and work at the pleasure of that office, Harrington confirmed. They never have been on the attorney general's payroll. The board took its cues from those attorneys during the voucher implementation debate.

"It may be a case that needs to be handled judicially," Harrington said.

The Legislature's Education Interim Committee is set to hear from the Attorney General's Office today. And having the school board dismiss a legislative hearing is inappropriate, Valentine feels.

But Harrington says one of her office's attorneys is teaching a class at Utah State University at the same time the interim committee meets, and a second attorney just got back from vacation and wouldn't have sufficient time to prepare for a meeting about attorney powers.

"While I was happy and willing to go, the board felt like this was a potentially litigious matter and, until we have attorneys talking to attorneys, we ought not to convene such a meeting," Harrington said.

Burningham was out of state Tuesday and could not be reached for comment.

Harrington said the board and attorney general's office have tried to resolve issues and move forward.

"Adults need to get past those kinds of issues and move forward. I think all sides are trying to do that," Harrington said.

Evans hopes his appearance before lawmakers will not be viewed by the board as an affront.

"We're there (at the Legislature's request) to be good soldiers and do what we're told and say what we know without creating an argument, we hope," Evans said.

The voucher issue brought to the surface other more long-standing tensions.

The Utah Constitution says the Legislature will organize and maintain a public education system, said Valentine, an attorney. And in another part of the constitution, it says the State Board of Education will administer that program.

But just who's in charge and who reports to whom was argued last week between legislators and the State Board of Education — at times, heatedly. Lawmakers, for instance, still are upset that some kids who failed the Utah Basic Skills Competency Test still got diplomas, which they say was not the intent of their law.

Harrington acknowledges that not showing up to the meeting has potential to deepen a rift with the attorney general's office and Legislature.

Still, the turf and ego battle shouldn't be allowed to escalate, said Valentine.

"OK, we disagree over the implementation of vouchers. Let's set that aside," he said. "But we have a lot of other issues with the board that we need to work through."

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E-mail: jtcook@desnews.com