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 Those lawyers could no longer represent our office after creating such a clear conflict of interest.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
- Today on TV 12:49 a.m.
- Wanted: Bank robber with bad breath 12:40 a.m.
- Philippine police clash with clan 12:28 a.m.
- Officer responding to call killed 12:28 a.m.
- Editorial: Fine-tune state workweek 12:18 a.m.
- Let's keep energy money in the U.S. 12:18 a.m.
- How to pay for the war 12:17 a.m.
- Feast of Guadalupe nourishes soul 12:17 a.m.
- Obama's strategy is a road map 12:17 a.m.
- Letters: 'Political priestcraft' 12:17 a.m.
- BYU and Utah's bowl games
- Y., U. to learn bowl destinations
- BYU professor remembered
- The forgotten ship: USS Utah
- Branch president without a congregation
- Utahns want health care reform bills
- Kurt Bestor: Joy for the world
- BYU basketball: Cougars crush Dons
- Jazz upset by Wolves
- Urn of baby rests with sailors
- Letters: Liberal because LDS
257 - Y. profs: Beck not all-knowing
214 - Hate not limited to 1 in-state rivalry
189 - Aggies shoot past Cougars
179 - N.Y. Senate rejects gay marriage
130 - George lost in rivalry hatefest
113 - TCU to play Boise in Fiesta Bowl
110 - Unbeaten BYU takes trip to Logan
105 - Ed Smart 'appalled' at testimony
97 - Harpring's NBA career is over
95
First, a big thank you to all who posted questions here for me to ask...
Sorry earlier I meant to say that tracks seems to travel at 35 miles an hour...
'Peter Frumhoff, the director of science and policy at the Union of...
The Non-BCS crowd ought to create their own title game...their own brand, and...
That's the whole of your defense of GOP resistance to badly-needed ethics...
Your criticism should hardly be focused on Bennett alone. What about all the...
'Wired's Threat Level blog reported on November 20 that Gavin Schmidt, a...
The reality of climate change is supported by multiple lines of evidence and...
I had the priviledge of staying in the LeBaron home on severl occasions as I...
So the unemployment rate has dropped to "just" 10%, huh? I wonder what that...
Ahh for the love of money...what money can buy!!!


You can be the first to comment on this story.