We have discussed the problems rooted in a lack of accountability, and below is my proposal to address it relative to abuses of government power.

A person called me recently about a problem she was having with an agency. I researched the law and learned that the state had no claim against her. When she gave the research to the investigator, he threatened an administrative proceeding to be held before an administrative law judge employed by the State, perhaps simply because he could make it tough for her with not that much money at issue. She was faced with the prospects of hiring legal counsel or settling with the state on its terms.

As a candidate for attorney general in 2012, I spoke with many business owners who felt like they were following the laws of the State but were being unfairly targeted by the government merely to make an example of them. They were not sophisticated businesses with lawyers on retainer and they had to choose between “lawyering up” at significant expense, or caving into the demands of investigators. Many felt like they were the victims of fear tactics and agendas and that those in positions of power were simply using the government as a trump card in a stacked deck.

As attorney general, I had occasion to meet with families who felt that the state was interfering too much into their choices as parents and I felt a responsibility to ensure that rights were not being disregarded during the difficult process of dealing with personal rights of parents and children.

Rules and laws are important to protect children from abusive parents and citizens from predatory business practices, however, government power left unchecked, can be taken too far. Sometimes government people in positions of power forget that they are working for people whose rights need to be respected. My initiative to protect the rights of Utah businesses and Utah families is timely today. Small business drives jobs and our state leads the nation in unmatched entrepreneurial spirit, with many small businesses being devastated by our current lockdown. Moving forward, our state will need to be more careful than ever before to find a balance between enforcing important regulations and over-enforcement which would choke our recovery.

As attorney general, I will keep an eye out for the balance between enforcement and good common sense, to ensure that agency power will not be abused. Also, I will protect the rights of Utahns and Utah families against the abuse of government power towards individuals.

The Public Rights and Small Business Protection Section

For the purpose of creating accountability for government agencies, I will create an investigative section answerable directly to the attorney general, called the “Public Rights and Small Business Protection” division. In that new section we will conduct random audits and investigate complaints alleging a clear abuse of government power. To the extent additional authority is needed, we will seek such authority.

Most people who work for agencies are good and honorable. However, we know that it is a human tendency to be corrupted with absolute power. Independent accountability is healthy as a check on power that the people in this state deserve to protect their rights. In these serious times, we have an opportunity to restore an attitude of protecting our citizens to the office of the attorney general. Those in government may be offended by the suggestion of accountability, but it is a principle long known for preventing corruption and I will embrace it.