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Guns, politics pack punch
Josey1
Member Posts: 9,598 ✭✭
(While it doesn't specifically say so, it seems the Governor had intended to keep his AG's opinion quiet until legislators forced him to go public.)
Guns, politics pack punch State's decision to rescind ban took a circuitous pathBy Bob Bernick Jr.Deseret News political editor The politics of gun rights is a touchy issue in Utah, as the latest round of insider-moving and shaking shows. This week state personnel officials announced they will move to rescind a rule that bars state employees with legally permitted concealed weapons from bringing those guns to work or carrying them while on state business. Second Amendment rights advocates say such a rule violates employees' rights to self-protection. The decision comes after an opinion by GOP Attorney General Mark Shurtleff says the rule violates current state law. The interesting details, however, concern how that opinion was handled, who pushed which buttons of power. House Speaker Marty Stephens, R-Farr West, tells it this way: A month ago or so Shurtleff, on his own, wrote up the informal opinion - which has not been released publicly because of attorney-client privilege - saying the rule violates state law. In September, Shurtleff sent a letter to the Virgin Town Council saying its ordinance that required all city residents have a gun in their home violated state law. Shurtleff said at the time that a law passed several years ago by the Legislature making it the sole authority on gun-control issues takes precedent. Paul Murphy, Shurtleff spokesman, said Tuesday the same reasoning was used by Shurtleff in his opinion saying the state personnel rule was invalid and only the Legislature can control guns in Utah. Stephens said Rep. Matt Throckmorton, R-Springville, learned of the opinion given to Gov. Mike Leavitt. Wondering if anything would come of it, Throckmorton called Shurtleff and asked to see the opinion. Shurtleff said no - that attorney-client privilege wouldn't let him share it with Throckmorton. "So Matt asked Mark to write him an opinion on the same subject - thus making him, not the governor, the client" of the new opinion, Stephens said. State law only allows the House and Senate, as a whole, to make such requests of the attorney general. "So I got with (Senate President Al Mansell) and together we requested the opinion. Oddly enough, I've never seen it," Stephens said. "The governor learned that we had asked for the opinion and that we would make it public" that the attorney general thought the state personnel office rule on employees carrying guns was illegal, Stephens said. "And then we read that the rule will be rescinded." Leavitt spokeswoman Natalie Gochnour said the governor's hand was not forced by the Legislature. "We got the opinion from the Attorney General's Office - which we did not ask for - on Oct. 21. Through the normal flow of information that comes to our office, we dealt with it. We spoke with the A.G.'s office; we passed it along to (the state personnel office). And they decided" the rule was in conflict with the law, Gochnour said. "This all happened within four weeks" in a timely manner, she said. Con Whipple, spokesman for the state personnel department, said it was his understanding that "the governor's office asked us to rescind" the rule after getting Shurtleff's legal opinion. Murphy said Wednesday that because of attorney-client privilege he couldn't elaborate further on the chain of events but added that Stephens' account "seems accurate to me." The "new" opinion written for Stephens and Mansell will be given to them soon, he added. Elwood Powell, an attorney and president of the Utah Shooting Sports Council, a Second Amendment rights group, said he wondered why the state rule stayed in place when more than a year ago legislative attorneys opined that it violated state law. Stephens said there is another issue coming where the attorney general and lawmakers may disagree with the governor: the so-called "closet attorneys" that Leavitt and previous governors have been hiring in executive departments. More than 35 state workers are also attorneys and in their management positions are advising their departments on legal matters. The Legislature has been concerned about that for some time - since the state Constitution says the attorney general is the sole legal counselor for the state. Several years ago the Constitution was changed to allow Leavitt to have his own lawyer. But other state offices are supposed to get their legal advice from the 200-plus assistant attorneys general who work for Shurtleff. Stephens said Shurtleff asked legislative leaders to have their own counsel, Gay Taylor, wrote an opinion on whether such so-called closet attorneys are legal. "We are doing that and will have that opinion in the next couple of weeks," Stephens said. So in essence, over the past several weeks, legislative leaders have asked Shurtleff to write an opinion on an issue they are interested in, and Shurtleff has asked leaders for an opinion on an issue he's interested in. Stephens told the Deseret News that he believes it is clear that closet attorneys in the executive branch of government are not legal and should either stop giving legal advice to department directors or should become employees of the Attorney General's Office and be moved out of their executive positions. http://deseretnews.com/dn/view/0,1249,355007585,00.html
Guns, politics pack punch State's decision to rescind ban took a circuitous pathBy Bob Bernick Jr.Deseret News political editor The politics of gun rights is a touchy issue in Utah, as the latest round of insider-moving and shaking shows. This week state personnel officials announced they will move to rescind a rule that bars state employees with legally permitted concealed weapons from bringing those guns to work or carrying them while on state business. Second Amendment rights advocates say such a rule violates employees' rights to self-protection. The decision comes after an opinion by GOP Attorney General Mark Shurtleff says the rule violates current state law. The interesting details, however, concern how that opinion was handled, who pushed which buttons of power. House Speaker Marty Stephens, R-Farr West, tells it this way: A month ago or so Shurtleff, on his own, wrote up the informal opinion - which has not been released publicly because of attorney-client privilege - saying the rule violates state law. In September, Shurtleff sent a letter to the Virgin Town Council saying its ordinance that required all city residents have a gun in their home violated state law. Shurtleff said at the time that a law passed several years ago by the Legislature making it the sole authority on gun-control issues takes precedent. Paul Murphy, Shurtleff spokesman, said Tuesday the same reasoning was used by Shurtleff in his opinion saying the state personnel rule was invalid and only the Legislature can control guns in Utah. Stephens said Rep. Matt Throckmorton, R-Springville, learned of the opinion given to Gov. Mike Leavitt. Wondering if anything would come of it, Throckmorton called Shurtleff and asked to see the opinion. Shurtleff said no - that attorney-client privilege wouldn't let him share it with Throckmorton. "So Matt asked Mark to write him an opinion on the same subject - thus making him, not the governor, the client" of the new opinion, Stephens said. State law only allows the House and Senate, as a whole, to make such requests of the attorney general. "So I got with (Senate President Al Mansell) and together we requested the opinion. Oddly enough, I've never seen it," Stephens said. "The governor learned that we had asked for the opinion and that we would make it public" that the attorney general thought the state personnel office rule on employees carrying guns was illegal, Stephens said. "And then we read that the rule will be rescinded." Leavitt spokeswoman Natalie Gochnour said the governor's hand was not forced by the Legislature. "We got the opinion from the Attorney General's Office - which we did not ask for - on Oct. 21. Through the normal flow of information that comes to our office, we dealt with it. We spoke with the A.G.'s office; we passed it along to (the state personnel office). And they decided" the rule was in conflict with the law, Gochnour said. "This all happened within four weeks" in a timely manner, she said. Con Whipple, spokesman for the state personnel department, said it was his understanding that "the governor's office asked us to rescind" the rule after getting Shurtleff's legal opinion. Murphy said Wednesday that because of attorney-client privilege he couldn't elaborate further on the chain of events but added that Stephens' account "seems accurate to me." The "new" opinion written for Stephens and Mansell will be given to them soon, he added. Elwood Powell, an attorney and president of the Utah Shooting Sports Council, a Second Amendment rights group, said he wondered why the state rule stayed in place when more than a year ago legislative attorneys opined that it violated state law. Stephens said there is another issue coming where the attorney general and lawmakers may disagree with the governor: the so-called "closet attorneys" that Leavitt and previous governors have been hiring in executive departments. More than 35 state workers are also attorneys and in their management positions are advising their departments on legal matters. The Legislature has been concerned about that for some time - since the state Constitution says the attorney general is the sole legal counselor for the state. Several years ago the Constitution was changed to allow Leavitt to have his own lawyer. But other state offices are supposed to get their legal advice from the 200-plus assistant attorneys general who work for Shurtleff. Stephens said Shurtleff asked legislative leaders to have their own counsel, Gay Taylor, wrote an opinion on whether such so-called closet attorneys are legal. "We are doing that and will have that opinion in the next couple of weeks," Stephens said. So in essence, over the past several weeks, legislative leaders have asked Shurtleff to write an opinion on an issue they are interested in, and Shurtleff has asked leaders for an opinion on an issue he's interested in. Stephens told the Deseret News that he believes it is clear that closet attorneys in the executive branch of government are not legal and should either stop giving legal advice to department directors or should become employees of the Attorney General's Office and be moved out of their executive positions. http://deseretnews.com/dn/view/0,1249,355007585,00.html