Shurtleff wants the money back

Thursday, July 3, 2003

by Kirsten Stewart
Salt Lake Tribune

Armed with a district judge's court order, Utah Attorney General Mark Shurtleff is demanding that police and prosecutors in three counties return to the state a quarter of a million dollars in seized cash and property they illegally pocketed.

Shurtleff also says he wants the state auditor to scan court records to confirm statewide compliance with the voter-approved forfeitures reform act that counties skirted, to provide proof that he hasn't "shirked" his duty to defend and enforce the law, as a citizens group has alleged.

But the state's legal chief also made clear Wednesday during a meeting with The Salt Lake Tribune's editorial board that he is still politicking to rewrite the "poorly written" statute so it is enforceable and more fairly balances property owners' rights against the need to keep criminals off the streets.

Salt Lake and Davis county attorneys are still weighing whether to fight or comply with 3rd District Judge Tyrone E. Medley's order to return the money. Weber County Attorney Mark DeCaria is prepared to write a check to the state for the bulk of the misappropriated funds -- $200,000.

The Utah Uniform Forfeiture Procedures Act prohibits police from taking cash, cars, homes or other property seized in connection with a crime. The law was intended to remove the profit incentive from forfeitures and prevent police from zealously impounding the cars or seizing the property of innocent third parties in criminal cases.

Now, forfeiture proceeds go to crime victims and schools.

Shurtleff insists he wants to "enhance protections against abuse for property owners" while removing hindrances on the use of seizure as a crime fighting tool against drug dealers and other criminals.

The law also robs police departments of their share of millions in federally seized forfeiture proceeds.

Not allowing police and prosecutors to recoup the cost of investigating these cases is like handing the cash-strapped agencies an unfunded mandate, argues Shurtleff.

He wants to amend the law to make police eligible for 50 percent of all forfeiture proceeds. The other half would go to crime victims through the drug courts.

The money could be appropriated through a third-party to avoid any conflict, he says.

Scott Bullock, senior attorney at the Institute for Justice in Washington, which is backing advocates of forfeiture reform, cautions against tampering with the law.

"Any move to steer profits back to law enforcement will probably be challenged in court as unconstitutional, he says.

Finding a legislator to carry the bill will also be an uphill battle, especially during an election year, acknowledged Shurtleff.

Copyright The Salt Lake Tribune.

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A hotbed of cannabis activism, Washington State is home to many organizations working to bring about rational drug policy. Here are some things to get involved with:

Cannabis Defense Coalition has been very active lately. They focus on courtroom observation and medical marijuana activism.

The ACLU-WA Drug Policy Project created the Marijuana: It's Time for a Conversation campaign, among other things.

Initiative 75, passed in 2003, deprioritized marijuana law enforcement in Seattle. A final report (2mb pdf) on the law was produced by the city.

The November Coalition, based in Colville, is a national reform group and works with prisoners and families.

SpoCannabis is a medical marijuana activist group in Spokane.

King Co. Bar Association Drug Policy Project has done amazing work educating the "suits" about the failure of our prohibition model of drug policy, and the need for a regulatory model of drug policy.

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Olympia Hempfest is a week after Seattle's big bash.