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SALT LAKE CITY — Former Attorney General Mark Shurtleff wants the Utah Supreme Court to review a judge's decision denying him attorney fees in the dropped criminal case against him.
Shurtleff petitioned the court this week to decide whether 3rd District Judge Bruce Lubeck erred in ruling that he can't collect more than $1 million he believes he's owed under the state reimbursement law.
Lawyers for the ex-attorney general say in court papers that Shurtleff's right to the fees is intended to protect him from financial ruin, noting he has paid some of the money but a large portion remains his personal debt.
"With this case unresolved, Mr. Shurtleff's financial situation is in chaos, and the statutory purpose of protection against financial ruin is not just unfulfilled, but turned on its head," the lawyers wrote.
Lubeck denied Shurtleff the attorney fees under the restitution statute because the court dismissed the criminal case based on the prosecution's motion. That earlier decision precluded the state from having to pay the fees.
Related:
Shurtleff claims AG Sean Reyes thwarted his right to attorneys' fees in criminal case
Former Utah Attorney General Mark Shurtleff claims current Attorney General Sean Reyes thwarted his attempt to recoup attorneys' fees in the abandoned criminal case against him.Shurtleff argued that he had an agreement with prosecutors to provide information in other cases in exchange for the state not opposing his motion to drop the charges against him. If a court dismisses a case based on a defendant's motion, the defendant may collect attorney fees.
The reimbursement law is intended to protect public officials who incur significant costs arising out of defending allegations of public misconduct if the case resulted in dismissal, according the court filing.
The state alleged that Shurtleff, among other things, accepted gifts and bribes in exchange for favors during his time as attorney general. He was no longer in office when the charges were filed.
