SHURTLEFF WANTS THE MONEY BACK

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.