Class Action Lawsuits
Opening Statements
Reed Richards (D):
Good evening. My name is Reed Richards. I am running for Utah Attorney General. I am pleased to be here.
Recently Mr. Shurtleff and I have been painted as being much the same. While it is true that both of us are scout leaders, we both have been long-time members of the same church, we both are devoted to our families, there are profound differences.
The biggest difference is that of experience. For many years I worked as the County Attorney, prosecuting every possible size of criminal violation, even a death penalty case that was carried clear through to execution.
I have, as Chief Deputy Attorney General run that office for the last eight years, or assisted in running it. I have been involved in wonderful programs such as the Children's Justice Center, and the Crime Victim's Assistance Program.
I know the office. I know it well. I know how to run it, and I look forward to the opportunity to serve you as your Attorney General.
Mark Shurtleff (R):
There are some major differences, and you know, I'm excited about this race. The Attorney General's race
is a very exciting race, and I want your viewers and the citizens of Utah to get excited about it.
It's not just about experience in this race. It's about leadership. It's time for a change up in the Attorney General's office.
You know, for the past 12 years we've had a democrat in office. We've, uh.. and yet the crime rate hasn't substantially reduced. We've had a downturn the past two years. But as I travel Utah, as I have for the past year, people tell me they just don't feel safer.
And as your Attorney General, I will take the lead with zeal and passion in working with local law enforcement to reduce crime, protect Utahns, our homes, our schools, and our communities.
Are Utahns Safer Now?
Bruce Lindsay: To play off something you said-- Are Utahns in their homes and in their communities, by any objective measure, safer today than they were, say, a decade ago?
Shurtleff: By objective measures, there's a downturn in crime the last couple of years. But it's just a dip. But when we see the whole country going substantially down, and in some communities like New York and New Orleans they have major-- sometimes even cut the crime rate in half. So while we've had a couple of good years, we still are way above the national average in our crime rate. We are still above the regional average.
Lindsay: Why isn't that happening here?
Shurtleff: It's not happening here because we haven't had someone take leadership, to say 'We're not going to be satisfied with passing a few laws and hoping they come down.' Someone who will say 'We're going to be zealous and aggressive about creating a detailed crime reduction plan, a step-by-step plan to fight crime... to drive us off the top of the list with use and distribution.
So that's my plan. And what I'm going to do as Attorney General is to get busy and create a crime reduction plan for the state that will show significant decrease in crime.
Lindsay: Mr. Richards are we safer, really, in Utah today than we were ten years ago?
Richards: Absolutely. Our crime rate is substantially down, nearly 20 percent in both major categories. We're still one of the lowest in the country in violent crimes. That's been consistently true for many years.
We do have high levels of theft. Even that, though, is down a ten, fifteen year low. So we're doing very well in dealing with criminal problems in the state.
One thing we do very well is focusing on a particular issue. Gangs were a significant issue a few years ago. We were able to change the laws, we're tougher on people involved in gangs. We go after young kids who are involved in gangs and prosecute them as adults.
We've been aggressive in doing our prevention efforts, prevention programs. And since then, we've seen nearly a 50 percent reduction in the number of gang crimes. That's the type of thing that we can do.
I've worked closely with law enforcement across the state. Certainly the Attorney General can't do it alone. But those liaisons are there, they're carefully crafted and they work very well. We do very well in those areas.
Pornography
Lindsay: One of you will have the job of hiring Utah's first "porn czar," it's been called. The office has been created by the legislature. Mr. Richards are you enthused about making that hire?
Richards: Well, the problem with that position is that it's a position that's funded only for six months. And the legislator that had a part in the position and obtained the funding is probably not returning to the legislature. So it may be difficult to do much in six months.
The concept I think would be to have someone who could put together some model statutes that could maybe be used by cities and counties in the area of sexually oriented businesses. But in six months that's about all that person can do.
Now whether it's extended beyond that we don't know at this time. At this point it's a six month position.
Lindsay: What are the job qualifications?
Richards: Some of those that have applied, you wouldn't want to know their qualifications. (Laughs) The qualifications, really... they have to be an attorney. And able to practice in Utah. And that's really about the only qualification.
Lindsay: Mr. Shurtleff are you eager to appoint such a person?
Shurtleff: You know, I really am excited about this. This is the first such position in the country to take a look at pornography and community values and so forth.
Actually I'd like to see more.. in fact if I win, I'm going to go to the legislature and ask them for the opportunity to do more than help with local ordinances. I really want to focus on Internet pornography and on the fact that there are companies all over the world who are making billions of dollars by targeting our young people, who may be looking up a school project and constantly are bombarded, because they throw in a key word, with pornography. Blatant pornography.
So, I'd like to take it a step further and not just use an attorney, but a technological person who can figure out.. and they have figured out.. to provide a positive web page for adults, for senior.. I'm sorry, for parents you know, that will tell them and teach them how to avoid this. There will be a virtual 911 button and when you hit that it will immediately translate that information over to the Attorney General's office for follow up.
Lindsay: Will you lobby to make this position more than a six month position?
Shurtleff: I will indeed. And to expand the opportunities, particularly in this area.
Because you know we all as parents lock our doors to feel more safe. And yet we have this Internet. It's a great tool, and yet there's so much coming in the window. And they don't know what to do to stop it, there's so many of them out there.
Lindsay: So do you, Mr. Richards, think that there's just not much likelihood that there will be funding after six months? Or are you not particularly enthused about the whole process?
Richards: Well, certainly the idea of funding a position to do Internet pornography and particularly against children is good.
We have a federal grant, we're doing that at the present time. We have a task force that investigates and a prosecutor that prosecutes Internet pornography against children. It's been very, very successful.
If the state would be willing to assist with funding that project, that's an outstanding project that certainly ought to be continued as long as we can continue it. And if they are willing to put up more money, then certainly we'd look at a more long-term solution. But at this point it's a six month position.
Shurtleff: What we need to do... I believe in the First Amendment and we support that. But there are parents who don't know how to protect their kids. And I think the Attorney General's office.. you could use this position to provide great information What about a button they could hit that will forever block out that particular site that just came into their home?
Methamphetamine
Lindsay: The press has labeled Utah as the methamphetamine capitol of the world. And of course meth sales and meth usage lead to a lot of other crimes. It's a problem throughout the state, but is it not fundamentally a local law enforcement issue?
Shurtleff: If it remains a local law enforcement issue, we're not going to stop the problem. That's been the problem the last eight years, is that .. my opponent says they've passed laws and so forth. But if that's the case, why do we still lead the nation? Why are we number two in use among women in the nation? And number three in use among men?
Lindsay: So what's the answer?
Shurtleff: The answer is coordination. For example, a statewide database of meth cooks. So when you catch them here and they get out, they don't' go out and.. when they head to the Basin they're waiting for them. They know they're coming. The state can provide that information.
How about an 800 meth hot line that I'll establish? We're going to go on a massive public awareness campaign to teach people what meth cook.. what producing meth looks like, and what it looks like in a person. Provide them with tools, the ability to get ahold of people.
We need to follow up with aggressive law enforcement, aggressive prosecution of those precursor laws. It's not happening currently.
Lindsay: (To Richards) Have you been aggressive in the Attorney General's office in addressing this?
Richards: The question isn't whether meth's a problem. It clearly is a problem. The question is what have I done, or what has Mr. Shurtleff done, to try to solve the problem?
We've done a number of things. First we passed laws that made it illegal to possess precursor drugs. You can prosecute people for possessing the precursor drugs used to make methamphetamine now.
We've established an extensive task force that includes federal, state and local officers that are investigating methamphetamine labs, and we have a prosecution unit through our office that prosecutes those labs.
We also have a tremendous database, a state database, and also a database in the federal system through the D.E.A. that tracks meth lab operators and allows us to identify them by name, by address, by location. Those things are already done.
And we've seen some dramatic results. We've seen for the first time this year a reduction in the number of methamphetamine labs in the state.
So that's the answer, is you address the problem by changing laws, by doing education, which we've done extensively around the state through the Attorney General's office, and by aggressive enforcement. And you'll then see a reduction, and that is what we're seeing now.
Class Action Lawsuits
Lindsay: The current Attorney General joined a state class action lawsuit against the big tobacco companies, which over the next 25 years may yield a billion dollars in revenue for Utah. Is this the appropriate role for states' Attorneys General? Would you pursue those kinds of activities?
Richards: Absolutely. I was very involved in filing that lawsuit and litigating that lawsuit. That was a lawsuit that would not have been brought had it not been for the Attorneys General around the country binding together and going after the big tobacco companies.
The facts are that for 30 years tobacco companies have systematically marketed their products to our kids, and very successfully. Now 90 percent of new smokers are under the age of 19. It's illegal to smoke in Utah under the age of 19.
The Attorney Generals took that cause on because of that illegal activity of trying to sell to our kids. They litigated that suit and were able to settle the suit for sizable amounts in Utah and elsewhere.
But maybe the most important part of the entire litigation are the restrictions now on marketing cigarettes to kids. You could not have done that legislatively. It may have been a violation of free speech. But you can do it through a settlement in a lawsuit. We've been able to do it. We won't see those ads any longer trying to market cigarettes to our kids.
Lindsay: (to Shurtleff) Was the class action lawsuit an appropriate activity for the Attorney General?
Shurtleff: There are on occasions, and tobacco is one of those occasions, where it was.
What we've seen nationally, the Attorneys General, particularly the 30 plus democratic A.G.s, who have decided this is the way to go from now on, to regulate by litigation. To set laws or legislate by litigation. It goes further, it goes beyond that.
So, the suits against gun manufacturers, HMO's, recording industries, it is an aggressive misuse, I believe, of the office. Certainly we have anti trust laws and the Attorney General's office is supposed to enforce those because there's cheaters. But for the most part, I think it's a major difference between us, in our philosophy about free enterprise.
Lindsay: So you wouldn't join in class action suits against HMO's or gun manufacturers?
Shurtleff: Not as a knee-jerk reaction. No. I think they're way too aggressive in doing that, and for the most part, no. And I would not have joined in that lawsuit, I would not.
Lindsay: (to Richards) Not as knee-jerk, but would you pursue the lawsuits against gun manufacturers, HMO's for example?
Richards: There's no attempt to pursue litigation against gun manufacturers.
But if people, whether they be big companies or small companies, if entities are doing things that are against the rules, against the laws, and may be improper, in the state of Utah, we need to pursue them. It doesn't matter whether they're large or small. We've done that time and time again.
We've recently had a major lawsuit against the music manufacturers, who were trying to set the price of c.d.'s and forcing people to sell them for more than they should be sold for. Those are things that the A.G. has an obligation to go after.