| (1) |
When the Legislature or either house requests the attorney general’s written legal opinion in accordance with Subsection 67-5-1(1)(g):
Terms Used In Utah Code 67-5-1.1- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
| (a) |
the attorney general shall, applying concepts from the Rules of Professional Conduct contained in the Supreme Court Rules of Professional Practice, identify any potential conflicts of interest in providing the attorney general’s legal opinion to the Legislature; |
| (b) |
if the attorney general identifies a potential conflict of interest under Subsection (1)(a), the attorney general shall, as soon as practicable after the identification:
| (i) |
ensure that the attorney general’s office provides each entity or individual involved in the potential conflict competent, privileged, and objective advice or representation by establishing:
| (A) |
confidentiality procedures; and |
| (B) |
staffing divisions or other structural or administrative safeguards to screen attorneys participating in the preparation of the attorney general’s opinion from participation on behalf of any other entity or individual involved in the potential conflict; and |
|
| (ii) |
provide written notice to each entity or individual involved in the potential conflict that describes the screening procedures that the attorney general establishes; and |
|
| (c) |
after complying with Subsections (1)(a) and (b), the attorney general shall provide the attorney general’s opinion:
| (i) |
within 30 days after the day on which the requester makes the request for the opinion; or |
| (ii) |
by a date upon which the attorney general and the requester agree. |
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| (2) |
There is a presumption that:
| (a) |
the attorney general’s reasonable compliance with Subsections (1)(a) and (b) satisfies any ethical or professional obligation arising from the potential conflict of interest; and |
| (b) |
with adequate screening safeguards and procedures in place, the attorney general has an attorney-client relationship with each entity or individual involved in the potential conflict of interest. |
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| (3) |
| (a) |
The attorney general shall comply in good faith with the requirement to provide the opinion in accordance with Subsection 67-5-1(1)(g) and this section. |
| (b) |
The attorney general may not invoke the potential conflict of interest or attorney-client privilege as grounds to withhold or refuse to provide the legal opinion required in Subsection 67-5-1(1)(g) and this section. |
| (c) |
The Legislature or either house may petition the Utah Supreme Court for an extraordinary writ to obtain the legal opinion if the attorney general does not provide the opinion within the time period described in Subsection (1)(c). |
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Amended by Chapter 222, 2022 General Session
