Urquhart, Shurtleff clash

Brian Ahern bahern@thespectrum.com The Spectrum

ST. GEORGE - Utah Attorney General Mark Shurtleff thinks politics and personal animosity are fueling Sen. Steve Urquhart's call to consider changing the Utah Constitution to allow the governor to appoint the state attorney general rather than continue it as an elected position. And he isn't mincing his words. "Steve Urquhart has been on a personal campaign against me," Shurtleff said. "For him to suggest this is not personal is a lie." Urquhart, R-St. George, said appointing the state's top law enforcement officer would keep the office free of influence by campaign donors. "We want to make sure fundraising efforts aren't tied to prosecutorial decisions," Urquhart said. "I've talked to a lot of citizens who have concerns." Shurtleff, meanwhile, said the idea of a governor-appointed attorney general has been brought up many times, but has always been rejected in the name of a separation of powers. "If there's any misdeed or malfeasance in the executive branch then I'm responsible to the people to take action," he said. "I'm fine going before a legislative committee and explaining why an attorney general needs to be separate from the chief executive's office." Urquhart acknowledged his relationship with Shurtleff was "not very good," but he was adamant the issue wasn't personal for him. "I don't regard this as personal, but apparently Attorney General Shurtleff does," he said. "I'm trying hard not to personalize it. I'm working very hard in this interview not to talk about it." Shurtleff certainly doesn't see it that way. Though his current term was expected to be his last, he said he might run again, just to stay in the ring against Urquhart. "I told my staff today if Urquhart wants to fight I might run for reelection to fight him on this," he said. That fight, Shurtleff added, would also be to keep Urquhart out of the attorney general's chair. "We know he has an interest in this job," Shurtleff said, adding Urquhart's only hope would be through an appointment. "I think he can't get elected statewide." Urquhart said that was "nonsense." "I have no desire to be attorney general," he said. "I will never run for attorney general." Much of the bad blood between the two men stems from a 2009 interview in which Urquhart told investigators from the IRS, FBI and U.S. Attorney's Office that he thought Shurtleff was "selling fire insurance" by not prosecuting big campaign donors. The notes were made public as part of a federal Ponzi scheme case investigation involving Utah County businessman Rick Koerber. "I've prosecuted officials who have supported me in the past," Shurtleff said, citing cases like his antitrust suit against campaign donor Microsoft. "That's the dumbest thing I've ever heard." The Utah Senate's Government Operations and Political Subdivisions Interim Committee will hear Urquhart's proposal this summer. The committee's chairman, Sen. Peter Knudson, R-Brigham City, said Urquhart would face an uphill battle convincing lawmakers the constitution needs to change. "When you have a change this big proposed you don't get an immediate buy-in," he said. "I was quite surprised when I heard about this because it was not something we had discussed generally amongst our caucus." Shurtleff added he thought support for the proposal would be limited. "There's absolutely no support in the Legislature or the governor's office," he said. "It's just one guy who's making a proposal." Urquhart had a more optimistic view. "I think we can take complex issues and come up with good solutions," he said. "Where we end, I don't know."

TheSpectrum.com Originally published April 13, 2011

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