One day earlier, Utah Attorney General Mark Shurtleff had stripped two attorneys employed by the State Board of Education of their previously extended designations as Special Assistant Attorneys General because, according to his letter of termination (courtesy of http://www.slc.spin):
In an effort to cooperate with the State Office of Education, I appointed you as a Special Assistant Attorney General with the specific charge that you “act on behalf of the Attorney General’s Office.” Recent events have demonstrated that you have failed to carry out that charge. Rather, you have fostered an adversarial and hostile relationship between the State Board of Education and this office by giving advice contrary and inconsistent with advice given by me and others in the Attorney General’s Office.Yesterday, of course, the highest court in Utah unanimously confirmed that the contrary advice being given by those attorneys was right: voucher bill H.B. 174, which amended voucher bill H.B. 148, cannot stand alone. In other words, the earlier opinion that Shurtleff tried to force his client to accept was wrong. (And to all those KSL.commenters who don't seem to grasp the concept, the Attorney General does not have the final say on what the law is in Utah. The courts do. An Attorney General is an advocate, a lawyer just like anyone else, which means that he can be wrong -- horribly, embarrassingly wrong -- as we have just seen.)
So, when Utahns vote on H.B. 148 in November, the vote will decide H.B. 174's fate as well--in other words, voters in Utah get an up or down vote on vouchers. What a radical concept!
A final word to Attorney General Shurtleff: Please don't feel bad about your legal analysis and advice being so totally, totally wrong. With all the experience you're getting working on behalf of Utahns to keep "Dog" the Bounty Hunter out of the clink in Mexico, other clients may be calling you at any moment . . . .