Wall Street doesn’t get to audit or police itself, as we all know where that would lead. Yet, in Utah, we allow, through our vote, the governing party to audit and police itself. The offices of state auditor and attorney general were designed to be checks and balances on the governing party and those in power, but to do so, they have to be disconnected from the governing party.
No matter how good something or someone is, power and money can corrupt. As our founders established in the Constitution, we don’t simply trust people in power, we implement checks and balances on them. No matter how much you trust the person you are voting for, do not trust that power cannot influence or corrupt them. Demand systems of checks and balances, accountability and transparency from them all.
In Utah, imagine how different things could be if the state auditor had an incentive to share with Utahns all that goes on in money and government? Or if the attorney general was willing to enforce the laws of the state against government officials?
This actually can be. We get there by voting for independence in these positions instead of for the governing party, as our vote is a check and balance itself.
When we vote, we should take into account how our vote impacts the overall system and whether we are helping or hurting real accountability. In the free market system, external competition checks a number of issues. In government, we can achieve many forms of checks and balances through electing competing interests in certain positions and promoting transparency and accountability for all of government.
Unfortunately, the Utah attorney general’s office has seen its fair share of conflict and issues. Since the Utah attorney general’s office lacks transparency and accountability, these conflicts and issues are not surprising. Additionally, it does not feel that our current AG has not been an active force in simply enforcing the law against all who break it, including other government officials.
What happens in these situations is that the government, over time, grows more mired in issues and conflicts, to the point where the Utah government even refuses to release the conflict of interest statements (that are designed for public viewing and knowledge) of our governor’s cabinet members.
We then see all types of issues popping up, ranging from county officials funding private lawsuits for employees, to proposed tax increases being directed to a billionaire, to the Legislature trying to overturn a Utah Supreme Court case without disclosing to the voters that their efforts involve overturning the case.
There are many good people in government. Let’s keep them good. All government officials, whether elected or hired, need oversight, accountability and transparency. There should be very little government work that takes place in private, and none that takes place without proper accountability.
Sadly though, prosecutors in America have near absolute immunity. Utah law goes so far as to say that a “governmental entity, its officers and its employees are immune from suit, and immunity is not waived, for any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment, if the injury arises out of or in connection with, or results from: … the institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause…”
This means that there are very little outside checks on when a prosecutor decides to prosecute or not prosecute. This greatly heightens the need to understand if money or other connections exist between prosecutors and those they elect not to prosecute. Certainly, there is a shared connection among the governing party and its officials, yet we as the public have very little insight into these and other issues.
As no human is above the potential to be corrupted, or to experience the influence of power, gain or strong connections, we should actively be working as citizens to vote in ways that check and balance our officials and that bring about lasting systems to help keep things clean and above reproach.
Just as we do not let a professional sports team choose its own refs, so too we should not select referees from the same party to enforce the laws against the party. Independence in the AG’s office, coupled with proper transparency, accountability and oversight, will help bring politics and government back to a place where we can trust that good things are happening.
I am Austin Hepworth, an independent candidate for attorney general, and I am willing to enforce the law, shine a light on the issues and hold others accountable who break the law. It is time for law, not politics, to prevail in the AG’s office.
(Austin Hepworth) Austin Hepworth is a constitutional and business lawyer running for attorney general unaffiliated from the parties.
Austin Hepworth is a constitutional and business lawyer running for attorney general unaffiliated from the parties. Austin is the father of eight children; he owns and operates his own law firm; and he strongly believes that our country’s best days are still ahead.
