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AG's request for attorney raises is halved
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Utah Attorney General Mark Shurtleff's relationship with state lawmakers is sometimes rocky.

So when he wants more money for his office, he tries reason, throws in some statistics and occasionally pleads.

This year, after a heated 2004 election campaign when the attorney general criticized the potential legal and social consequences of Utah's marriage amendment - a constitutional change lawmakers overwhelmingly supported - Shurtleff asked legislators to add $2.1 million to his $35 million budget. He wants the money to pay the 213 attorneys in his office more competitive salaries.

Lawmakers made no mention of their philosophical split with Shurtleff when they granted preliminary approval of his budget Monday but simultaneously cut his salary request in half, recommending legislative leaders approve just $1 million for attorney raises.

Shurtleff initially insisted he could defend the state if the marriage amendment is challenged in court. But some lawmakers were equally determined he should step back. Now, in an attempt to smooth relations with lawmakers, the attorney general says he is willing to hire outside counsel to take the case.

"We're happy with what we got," attorney general spokesman Dave Johnson said.

The attorney general also asked members of the Executive Offices Appropriations Subcommittee to authorize four new attorneys - one to specialize in education, another to focus on corrections, a third to work on identity theft and the fourth to work with the Utah Tax Commission.

Right now, assistant attorneys general start off making about $40,000 a year, and after 11 years of practice, earn just $57,000 - significantly less than their colleagues who work for lawmakers and in private practice.

As a result, Shurtleff says, he is constantly replacing attorneys who have moved on to other, higher-paying government jobs.

In the past three years, the attorney general's office has lost 36 attorneys, an average of one a month.

Sen. Dave Thomas, an assistant county attorney, is sympathetic to the problem. "I stole one of their water attorneys," the South Weber Republican said.

Shurtleff's paycheck is the most dramatic example of the salary discrepancy.

The attorney general, who earns $85,400 a year, makes less than most county attorneys. And 52 assistant attorneys general make more than their elected boss.

"I want to be Davis County attorney someday," Shurtleff said. "He makes $40,000 more than I do."

To justify the pay increase, Shurtleff notes that his office has generated more than $233 million in state revenue over the past four years. "There is no way to quantify the work these attorneys do," he said. Rep. Curtis Oda backed the budget increase. "We've got to maintain decent staff," the Clearfield Republican said. "It's an investment."

Lawmakers also approved an 11.9 percent pay raise for Shurtleff, about a $10,000 bump.

By lawmakers: Mark Shurtleff says he often has to replace attorneys who leave his office for higher-paying positions
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