'Gov. Walker' gets Shurtleff nod

Utah Attorney General Mark Shurtleff says Lt. Gov. Olene Walker will become Gov. Olene Walker if Mike Leavitt resigns to head the Environmental Protection Agency.

But others believe Shurtleff's interpretation of the Utah Constitution on the matter is flawed and that the issue of whether Walker assumes both the duties and title of governor will ultimately have to be decided by the Utah Supreme Court.

Shurtleff on Monday released an opinion that says if Leavitt resigns, Walker has all of the powers and duties of the governorship, receives the title of governor and can appoint her own lieutenant governor.

She even can appoint the new lieutenant governor without Utah Senate confirmation because elsewhere in the Utah Constitution it says the governor can fill vacancies in elected state offices without legislative approval, Shurtleff said.

But one leading GOP legislator, who asked his name not be used, says there is still a movement afoot to obtain the high court's final say on the matter.

"Some (GOP legislators) are now looking for outside counsel" to take on the court challenge, the legislator said after reading Shurtleff's five-page opinion — outside counsel because not everyone in legislative leadership supports such a challenge.

Last week, Senate President Al Mansell — next in line after Walker to take on the duties of Utah governor— said he hoped Walker would receive the title of governor and be able to appoint a new lieutenant governor.

Shurtleff shrugged off the possible court challenge, saying he hopes state money isn't wasted on the issue.

Walker's office said she would have no comment on Shurtleff's opinion, nor on whether the matter will end up before the Utah Supreme Court. She was meeting with department heads Monday and declined an interview request by the Deseret Morning News.

Like any of his opinions, Shurtleff said his Walker brief "is not legally binding."

"But I'm absolutely confident it is the right reading" of the Utah Constitution and would, in turn, be the ultimate finding of the state's high court, should anyone challenge him, Shurtleff said.

He added that the Legislature may want to pass a state constitutional amendment clarifying what he called "ambiguous" language in the current constitution that some say would give the lieutenant governor the responsibilities but not the title of governor.