Committee rejects bill that would require prosecutors, auditors to sign evidence-compliance statements

A proposal to require prosecutors, auditors and investigators to sign sworn statements attesting that felony evidence was obtained lawfully failed in the Senate Judiciary Committee on Feb. 18.

Sponsor Senator Wyler and witness Ken Bullock urged the committee to act after what they characterized as egregious handling of audit materials in a high-profile prosecution. "I'm here to ask you to pass a law that would require the state auditor's office investigators... and prosecutors to sign an affidavit that they follow the rules," Bullock said, recounting documents he said were leaked and used in his prosecution.

Opponents included Stewart Young, criminal deputy attorney general, who said the bill "attacks in-house investigators and prosecutors unnecessarily" and would criminalize discovery. "This is not the area to push the envelope," Young said, arguing courts, the judicial conduct commission, the Utah State Bar and the newly created Prosecutor Conduct Commission already provide oversight. Carl Holland, executive director of the Statewide Association of Prosecutors, added that the bill's scope and lack of mens rea could create operational and staffing challenges.

The committee adopted a first substitute and a verbal amendment reducing the potential penalty from a class A to a class C misdemeanor, but on a roll-call vote the motion to favorably recommend the substitute as amended failed 1–5. The chair recorded the motion as failed; the bill will not move from this committee.