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The Salt Lake Tribune UTAH C4 Seizure Law Subject of New Battles • Continued from C-l disturbing as attorneys' circumvention of the law," said Daniel Newby, an activist formerly with the Sutherland Institute, a Utah-based publicpolicy research group. "The revisions he's trying to put forward would destroy Initiative B and allow [law enforcement] agencies to continue business as usual," Under state and federal law, police can seize property connected to money laundering, gambling or alcohol offenses. But it is most commonly deployed in drug arrests as a tool to confiscate cash, cars and other valuables. Initiative B was designed to protect innocent third parties from having their property seized. Funded by world fInancier George Soros as part of a national campaign, the law shifted the burden of proof to prosecutors in forfeiture cases as opposed to property owners. It also took away the flnancial incentive behind the taking of property by police by using forfeiture profIts to compensate crime victims, pay legal fees of innocent seizure victims and help fund schools. It became law March 29, 2001, after being approved by 69 percent of voters in the 2000 General Election. A recent state audit found, however, that district attorneys and courts in Salt Lake, Davis and Weber counties have been skirting the new law, awarding to law enforcement agencies - as was the practice before Initiative B - more than a quarter of a million dollars in seized money. County attorneys deny any wrongdoing, arguing they are following the newer oftwo conflicting forfeiture statutes on the books. But Utah State Auditor Auston Johnson doesn't buy the attorneys' reasoning and others say they are flat out in violation ofthe law. Sen. Howard Stephenson, RDraper, said the 17 judgeswho ordered the money-transfers "should reopen those cases and say, 'I screwed up.''' A mass letter sent to ll!wmakers by .the conservative citizens' group GrassRoots states, "The menace posed by drug dealers and their ill-gotten property does not justify willful circumvention of [the law] by police, prosecutors and the courts. They must respect and obey the law along with drug dealers." Said Kenneth Olafson, the group's chairman: "That's our way of saying we can't tell the difference between the two."· Sometime this week, Utah Attorney General Mark Shurtleff is expected to issue a legal opinion on the alleged violations. But Shurtleff is among those promoting a rewrite of Initiative B, leading some to wonder if he is in a position to deliver an unbiased opinion. "I see a defInite and disturbing conflict of interest," said Newby. "You have an Attorney General who is supposed to enforce the current statute trying to undermine the statute. Another disturbing thing is he's in the executive branch and trying to play legislator. "It seems to me he needs to resolve this violation before he attempts to write a new law." Kirk Torgensen, chief deputy of the attorney general's criminal division, bristled at the suggestion there is any conflict. "After Initiative B passed, Salt Lake County fIled a lawsuit asking that it be [declared] unconstitutional and we defended the statute, did a great job and prevailed on all issues," Torgensen said. As for Valentine's bill, Torgensen said it reinforces the initiative's main thrust - protecting innocent third parties from having their property seized. In addition to protecting property owners, the bill would protect lien holders. It also elevates the prosecution threshold from "a preponderance of evidence" to "clear and convincing evidence." "The only difference is the money isn't going to the school fund," said Torgensen. Under Valentine's bill, onethird of all proceeds would go to drug courts and the remaining two-thirds would go to the attorney general, who would award money back to law enforcement agencies in the form of grants. Clark Harms, deputy Salt Lake County attorney, said an added beneflt to Valentine's bill is it wilJ help cash-strapped law enforcement agencies hire 1- more officers. Under current law, police departments are prohibited from participating in equitable sharing - tapping into forfeiture proceeds from federal crimes. "The law says you can take money from the feds, but that you have to turn it over to schools, which is a violation of federal rules," said Harms, adding that, as a result, there are millions in federal forfeitures just waiting to come to Utah. Therein lies the rub for Democratic leaders and criminal defenders who oppose Valentine's amendments on the grounds that law enforcement should not have a fmancial incentive to seize property. Said Susanne Gustin, a former president of the Utah Association of Criminal Defense Lawyers: "We need to know how that money is being Tuesday, February 11, 2003 spent. There need to be strict controls_" Valentine contends funneling money through the attorney general - "an elected official who has to stand for ATTENTION PARENTS: ATTENTION DEFICIT HYPERACTIVITY DISORDER LEAIlN ABOUT: ·DlET ·A·nENTION DEFICITS ·HYPERACnVITY -ANGER ·LEAK.J"'iING PROBLEMS ·IMrULSIVITY ·HOLISTIC REMEOIES ·NEURO FEEDBACK ·MEDICATlON ·BEHAVIOR TilERAPI' FREE WORKSHOP: Wed. Feb. 19,6:30 P.l\1. MURRAY PUBLIC LIBRARY re-election and be accountable to the Legislature" - is enough of a check against abuse_ He also said he hopes all the rumor and innuendo surrounding the audit doesn't derail the legislation. 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