He also said that in some rare cases he has referred clients to independent counsel outside of the office, and that could possibly happen in this situation.

Meanwhile Shurtleff said he hopes the board will opt to "follow the law" and implement a program.

"I am always going to advise my clients to obey the law, even though there is differing opinion in whether or not (HB174) is in effect," Shurtleff said. "I have given them my opinion, I am the attorney general, and until a court stays the implementation of that law you have a duty as a public agency to obey the law."

He said even if there is confusion with the second voucher law — or they get sued — agencies are always on the best side if they obey the law.

"Sometimes we are going to tell you stuff you don't want to hear, but that's our job.... I'm going to give you my advice, you don't have to follow it — you are at risk if you don't follow it — but you get to make the choice, and I just hope in this case they will choose to follow it," Shurtleff said.

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E-mail: terickson@desnews.com