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Karen Scullin reporting When the President tapped Governor Leavitt for a cabinet post, attention immediately focused on the woman who could become Utah's first female governor. But thanks to vague wording in Utah's constitution, turning over the title may not be as easy as many people first thought.
That wording doesn't make it clear if Lt. Governor Olene Walker automatically becomes governor when Mike Leavitt leaves office to become Director of the E.P.A.
Governor Mike Leavitt has asked the Utah Attorney General's office to form a committee and come up with an opinion on the matter. Does Lt. Governor Olene Walker hold the title of governor when Leavitt leaves office?
Lt. Governor Olene Walker: TODAY MY ONLY THOUGHT IS TO BE THE BEST GOVERNOR I CAN BE."
But will she really hold the title of Governor? It seems our state constitution isn't clear as to what exactly happens when the governor resigns from office.
It reads, "the powers and duties of the Governor shall devolve upon the Lieutenant Governor... until the next general election." It doesn't say the Lt. Governor actually becomes Governor.
Ray Hintze/Chief Deputy Attorney General "THE ISSUE NOW IS SHE ACTING GOVERNOR OR DOES SHE TAKE OVER THE GOVERNOR'S SPOT?"
A committee is investigating other similar cases to find the answer. The very same issue came up with our U.S. Constitution when Lyndon Johnson became president after John F. Kennedy was assassinated. A lawsuit was filed that claimed the wording was vague....and Johnson should only be "Acting President." Eventually an amendment was added to the constitution to make it crystal clear ...the vice president shall become president. But for Utah, there's not enough time .
Ray Hintze/Chief Deputy Attorney General: "IN ORDER TO MAKE A CONSTITUTIONAL AMENDMENT TO CLARIFY THIS, IT WOULD TAKE A LOT LONGER THAN WE HAVE... IT HAS TO GO FIRST TO THE LEGISLATURE AND THEN TO THE PEOPLE FOR A VOTE IN ORDER TO CHANGE THE CONSTITUTION."
Hintze says Arizona had a similar situation. Officials there resolved it with an opinion that the Lt. Governor would be "Acting Governor" until the next general election.
"Ray Hintze/Chief Deputy Attorney General:WE'RE WORKING IN AN AREA WHERE THERE IS NO PRECEDENTS TO DEAL WITH SO WE JUST HAVE TO SHOOT FROM THE HIP AND USE WHAT AUTHORITY WE CAN, IT'S PERSUASIVE AUTHORITY BUT OBVIOUSLY NOT BINDING BECAUSE IT'S NOT RESOLVED BY OUR STATE SUPREME COURT. "
Another issue that raises concerns: If Lt. Governor Walker is only "Acting Governor," she can't appoint a Lt. Governor because technically she still holds the title. She'll have to appoint an administrator to cover the Lt. Governor's duties. The committee says it will issue it's opinion by the end of the week.
You can read much more about this issue in Thursday's Deseret Morning News.
