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SALT LAKE CITY — A prominent Utah lawmaker is considering a change to the Utah Constitution that would make the office of attorney general an appointed, rather than an elected position.
The considered change comes as Attorney General Sean Reyes faces questions over his close ties to Operation Underground Railroad founder Tim Ballard — who has been accused of sexual assault and misusing donor funds in a pair of civil lawsuits filed this week — and the previous two office holders were accused of corruption.
Sen. Mike McKell, R-Spanish Fork, sent a survey to constituents to gauge support for the idea, but he said the potential change is still a ways out and the question likely wouldn't be put to voters until the 2028 general election.
"In the last few weeks, troubling allegations have been connected with Utah's attorney general, Sean Reyes," McKell wrote to voters.
"I think we should have that discussion," McKell told KSL NewsRadio. "If you were to appoint that position, you take the funding, the campaign dollars out of the office."
Under the Utah Constitution, the attorney general is part of the executive branch but is elected on a separate statewide ticket from the governor and lieutenant governor. The state treasurer and state auditor are elected in the same manner.
The qualifications for attorney general include being at least 25 years old, admitted to practice law before the state Supreme Court, and be in good standing with the state bar, according to Article VII, Section 3 of the Utah Constitution. All executive officeholders are also required to be qualified voters and residents of Utah for at least five years prior to the election.
In order to adopt a change to the Utah Constitution, the Legislature would have to approve a resolution, which would then need support from a majority of Utah voters.
McKell said a potential change could allow the governor to appoint a candidate for the office, who would then need approval from the state Senate. McKell is the brother-in-law of current Utah Gov. Spencer Cox.
Five other states — Alaska, Hawaii, New Hampshire, New Jersey and Wyoming — appoint attorneys general in a similar manner. The Tennessee attorney general is appointed by the state's Supreme Court, and the Maine Legislature is tasked with appointing the state's attorney general.
If approved, it would likely be the most dramatic change to the state's executive branch structure since the state was admitted to the union. A handful of constitutional amendments have been adopted to change the language of the first three sections of Article VII in 1949, 1979 and 1992, but the basic structure of the executive offices has remained the same.
In a prepared statement, Reyes defended the current manner of selecting the attorney general.
"There is a reason 43 states elect an attorney general who can champion the rights of the people and defend their liberties without the permission of the governor, legislature or any other official," he said. "Appointed AGs can't exercise independent discretion or decision-making and they become just an extension of the governor or whomever appoints them. While the AG looks to collaborate with other office holders, he or she needs the autonomy to be responsive to the people of the state and stand up for them without interference."
McKell wrote to constituents that he has "become increasingly concerned with the attorney general's office and its action" and said the problems he sees extend before Reyes' time in office.
The senator was a member of the Utah House of Representatives in 2013 and was on the committee tasked with investigating former Attorney General John Swallow.
"Our investigation concluded that Mr. Swallow hung a veritable 'for sale' sign on the office door, inviting moneyed interest to seek special treatment and favors," he wrote.
Swallow was acquitted of public corruption charges in 2017 and was awarded a $1.5 million settlement from the Utah Legislature. Mark Shurtleff, Swallow's predecessor, was arrested along with Swallow, although charges against him were dropped in 2016.
Reyes was appointed to the office by former Gov. Gary Herbert in 2013 after Swallow resigned. He spent last Thanksgiving at a World Cup match in Qatar between the United States and England, after the Middle Eastern country's government paid for his airfare, lodging and tickets.
"(Making the position appointed) was a recommendation we looked at (after the Swallow situation), we really didn't spend time vetting it at that time," McKell said. "I think this is something we probably should have done a long time ago."
Contributing: Lindsay Aerts
