Estimated read time: 5-6 minutes
CEDAR CITY — Right out of the gates of Tuesday's debate, two of the four Utah attorney general candidates expressed a serious concern about the past attorney general administrations and the dangers of bringing politics into the office.
"The Utah Attorney General's Office has been politicized for far too long," said Michelle Quist, a business and appellate lawyer and United Utah Party candidate. "It has become something it never should have been — up for sale — and some on this stage want to keep it that way, but I don't."
Rudy J. Bautista, a defense attorney and former officer in the U.S. Navy and Merchant Marines, said he is a registered independent running under the Democratic Party ticket. "I've had enough, just like most of us, of politics, politicians, and the good-old-boy system," he said. "We need someone in the attorney general's office who understands that the job is one thing only, and that is to protect and serve the people of the state."
Republican Derek Brown, if elected, said he plans to "protect the most vulnerable, including children," address "federal government overreach," and crime. Libertarian W. Andrew McCullough wants "to see the government of the state of Utah be kinder and gentler to its citizens."
The four candidates who debated at Southern Utah University are vying to replace current Utah Attorney General Sean Reyes, who was appointed by former Gov. Gary Herbert in 2013, before being elected to a full term in November 2016 and again in 2020.
Austin Hepworth, an unaffiliated candidate, did not qualify for the debate
Trust in office
Whitney Dyreng, an SUU student, asked the panel, "Given the scandals involving the last three Utah attorneys general, how specifically would you restore trust in the office and integrity?"
At 76 years old, McCullough, 51-year law veteran, said he doesn't intend to run for reelection and doesn't plan on getting his "instructions from out of state."
Bautista touted a pledge he made with the American Tort Reform Association as proof of his commitment to transparency and accountability, and said he planned to make his income taxes public. He told the audience, "I am the only candidate that has refused to accept any financial contributions. I'm doing that to ensure that we have no position whatsoever that the attorney general can be beholden to any donor and want to make sure that the office is run with integrity and honor."
In terms of finances, Brown has raised over $990,000 this year, as of Sept. 30. Quist has drawn more than $132,255 in the same time period. Hepworth has pulled in $12,212, McCullough has raised around $532, and Bautista has reported $100 in contributions, which he said came from his own pocket.
Quist said, "We need an attorney general who takes ethics with the utmost seriousness and avoids even the appearance of a conflict of interest." She cited large donations to Brown, and the fact that he represented Meta, which she says would present a conflict of interest if he were to become involved in the ongoing social media litigation.
Brown called Quist's statements a "nonstarter."
"The issue of conflicts and former clients is dealt with on a regular, routine basis," said Brown, in one of the most heated moments of the debate. "Ms. Quist should know that. She's just hoping that you don't know that," he fired back. Quist responded that Brown "shouldn't trump up his experience" representing Meta, "because he can't use it."
Candidates' priorities
When asked what their priorities will be coming into office, Bautista said he would work to make the office "transparent and open," and enforce laws related to public safety and crime.
"I want to look for opportunities to cut back on enforcement activities," said McCullough. Utah is surrounded on three sides by states who have legalized marijuana, and McCullough argued it was too expensive to enforce. "I want the government to stop harassing people and using their morals to tell other people what to do."
"You look at personnel, you look at the systems, you look at management, you look at efficiencies, and you look at outcomes," said Brown, who wants the office to be "the most respected law firm in the state of Utah."
Quist said she wants to "reprioritize funds toward our county prosecutors for Utah's drug problem," and stop the lawsuit attempting to hide attorney general calendars from the public.
Amendment D
Candidates clashed over the recent Utah Supreme Court ruling which upheld the decision to strike down constitutional Amendment D. The court order said that neither constitutional requirement for the amendment — that it was published in newspapers throughout the state for two months, and that the description was written clearly — was met.
The actual amendment proposed to allow the state Legislature to amend or repeal laws that originated as voter initiatives.
"For over a century, we've had this system of checks and balances in place. I think it's healthy. I think it's essential," Brown said. "I had no concerns with that — I still don't."
"What Mr. Brown said is completely wrong," Quist argued. "For over a century, Utahns have had the right to use the initiative process to reform government without government infringement, for over a century."
"For any attorney in the state, much less on this stage, to support that is ludicrous," she said.
Bautista also spoke against the amendment, saying "citizens have the right to change the law and to enact the laws and many of our key issues — abortion rights, for example, should be left to the public as a whole, not the representatives, who, many times, go against their own constituents."
Candidates also spoke on issues of federal land across the state, social media litigation, and the role of attorney general in the state, which can be viewed on the full debate recording.
According to a September poll released by the Utah Debate Commission ahead of the debates, Brown led the pack at 43.6%. Bautista followed at 26.8%. Quist polled at 7.8%, while McCullough drew 6.3%.
Hepworth, at 5.5%, did not qualify for the debate, which requires 10% including the 4% margin of error in the poll.
Brown claimed the commission's polling was "wildly out of whack" with his own numbers, and he doesn't see the presence of more third party candidates as indicative of a voter trend. "That's the reason we had four people here instead of two," he said. "Part of me wishes they would have just invited all five candidates. That would have made it more interesting."
