How these Utahns say they’ll restore trust in attorney general’s office after Sean Reyes leaves

With Sean Reyes deciding not to seek another term, Utah’s attorney general’s race is an open seat for the first time since 2012 — and five candidates are jockeying for the spot.

Derek Brown, a former legislator, Republican Party chairman and staffer to Sen. Mike Lee, won his party’s nomination in a three-way contest. Republicans have won every election for the seat since Democrat Jan Graham won reelection in 1996.

This year, Democrats have nominated Rudy Bautista, a defense attorney in private practice who four years ago ran as the Libertarian Party nominee. Bautista’s old party has chosen W. Andrew McCullough, a civil rights attorney who has run for attorney general several times.

The United Utah Party nominated Michelle Quist, a business litigator and former admissions dean at Brigham Young University law school, who ran as a Republican for the seat in a 2013 special election that Reyes won. She is also a former member of The Salt Lake Tribune’s Editorial Board.

And Austin Hepworth, an independent who said he became disillusioned with the Republican Party, is in the mix, as well.

The Tribune submitted the same set of questions, based on top issues readers said they were watching in this election, to each candidate. The questions and their answers that appear below — with the candidates listed in alphabetical order — may have been edited slightly for length, style or grammar.

Utah’s last three attorneys general have left the office amid turmoil and scandal. Why should Utahns trust your administration will be any different?

Rudy Bautista: Unlike other candidates, I have refused to take any donations to support my campaign. We need to break away from the traditional manner in which candidates get elected. As the state’s top prosecutor, the attorney general should be free from any political ideology and should not be beholden to anyone or any group. I would also strike down the laws that make politician’s calendars private — the public needs to know what elected officials do for them!

Derek Brown: The best measure for success as attorney general will be whether I can strengthen the office, attract and retain quality attorneys, and successfully defend our laws and our agencies. Not only must we win, but we must win ethically, honestly, and transparently. As the public sees its attorney general honorably defending Utah’s laws, trust will inevitably follow.

Austin Hepworth: People should not trust me or any other politician, nor should they trust the controlling party with the task of policing itself. We need a strong system of checks and balances, transparency, and accountability in place to keep people honest, as power tends to corrupt. Unfortunately, the attorney general’s office has been lacking in all three areas. I am committed though to implementing all three principles and creating a system that continues to check and balance others while they are in office.

W. Andrew McCullough: Did not respond to the questions.

Michelle Quist: I ran for office to reform the attorney general’s office to an independent, nonpartisan office. Politics don’t belong in law enforcement. I am committed to ethical government and transparency. Previous administrations have betrayed Utah voters by focusing on self-dealing, hyper-partisan rhetoric, and party politics. I’ll be accountable to Utahns, not to national party bosses. I plan to focus on enforcing the law, protecting Utahns’ rights, and keeping politics out of our law enforcement.

Are there circumstances in which the attorney general’s office should not defend laws passed by the Legislature? If so, what are they?

Bautista: Absolutely! Laws that are unconstitutional or those that the defense of would be frivolous, will not be defended. As attorney general, I will not turn a blind eye to unconstitutional laws and defend them merely because the legislature and governor think they can push their agenda on others. The attorney general represents the citizens of this state, not the legislature or corporate greed. I will not defend any law that does not benefit the citizens and restricts the constitutional protections of those citizens.

Brown: As attorney general, I will work closely with legislators during the lawmaking process to help them understand the ramifications of laws that they pass. However, after the legislature passes a law, and it is signed by the governor, it is the constitutional responsibility of the attorney general to function as the state’s legal counsel and defend that law. I will perform that function regardless of whether the law is consistent with my political views.

Hepworth: I do not believe that the attorney general should make political decisions about whether to defend laws. The only time the attorney general should not defend a law is when there is no merit or basis to do so, or when the Utah government directs the attorney general to not defend the law. It is dangerous to politicize the attorney general’s office as that erodes trust and the basis of the rule of law, and since the attorney general has the duty to keep the rule of law intact, the attorney general should actively defend the State and its laws regardless of political preference.

McCullough: Did not respond to the questions.

Quist: Yes. Utahns should not have their constitutional rights infringed. Pursuant to state statute, the attorney general’s office has the power to determine that a state statute is unconstitutional or unenforceable and enact a formal or informal policy not to enforce that law. Sometimes there are good reasons for doing so. For example, sometimes laws create incentives to hide abuse. In 2020 Utah decriminalized polygamy in order to encourage more people to report abuse. Anti-polygamy laws were previously not enforced.

If elected, will you continue the state’s lawsuit against the federal government for control of public lands? Why?

Bautista: No. Any lawsuit against the federal government for control of public lands in this state is frivolous and a waste of taxpayers’ money. The lawsuits being pushed by our legislature are for the benefit of corporations and the desire to profit from public lands. However, I would do what is necessary to continue to protect these lands and to ensure public access to these lands remains free. I would also maintain the grazing rights of ranchers as those benefit us all.

Brown: Yes. The lawsuit has the overwhelming support of the legislature, governor and the counties affected. It also involves a simple but important issue: Is it legal for the federal government to control so much of Utah’s land over the state’s objections? Federal control of Utah lands stifles economic opportunities, restricts access to resources and hinders our ability to make decisions in our state’s interest.

Hepworth: Yes. The lawsuit is already going on and was part of the decision of our elected officials. I would at least allow it to make it through its hearings unless I obtained information after being elected indicating that there is no basis for the lawsuit.

McCullough: Did not respond to the questions.

Quist: No. Assuming the case is still pending, it is a waste of taxpayer money that could be put to better use elsewhere. There are legitimate ways to sue the federal government over public lands. This case is not it. This case seeks a remedy — forcing the U.S. to sell the land — that won’t deliver what the government is promising — opening public lands for recreation. I want our government to be honest with Utahns about what it’s really doing.

What should be the attorney general’s role in enforcing immigration policy?

Brown: During the last four years, millions of people have crossed our borders illegally, including many with criminal backgrounds. The attorney general works with local law enforcement to help investigate and prosecute all crimes and keep our communities safe.

Bautista: Immigration policy is a federal issue, and the federal government must do what is necessary to enforce such. However, with that in mind, the attorney general’s role is to ensure the enforcement of the constitutional laws to protect the citizens of this state.

Hepworth: The attorney general’s role shouldn’t be in policy, it should simply be in enforcing state laws. The attorney general should only enforce federal laws as directed by Utah. If Utah’s laws direct immigration action, the attorney general should follow those laws, regardless of the president.

McCullough: Did not respond to the questions.

Quist: Very little. Immigration policy is a federal issue that federal politicians have decided to filibuster for gamesmanship and political gain. A partisan attorney general will continue that hot rhetoric. An independent attorney general will enforce the law vigorously and evenly.