SCHOOLS THE WINNERS IN FORFEITURE DECISION

Utah Attorney General Mark Shurtleff prevailed Thursday in three Salt Lake
County property forfeiture proceedings that he hopes will set a precedent
for the retrieval of a quarter of a million dollars in seizures he says law
enforcement agencies illegally pocketed last year.

Third District Judge Tyrone E. Medley ruled that Salt Lake County Attorney
David Yocom broke the law by awarding to police departments money and
property seized in three drug busts that rightfully belong to schools. The
judge ordered law enforcement agencies to transfer all proceeds to the
state treasurer who, after deducting costs, will turn the money over to the
Uniform School Fund.

The decision is an important step toward resolving six months of
controversy about how to interpret a citizens initiative approved by 69
percent of Utah voters at the November 2000 election. It may also ease
activist fears about abuse of government power and end the mudslinging
between activists and law enforcement agencies, which argued the initiative
made it harder for them to fight crime.

In a statement issued shortly after the ruling, Yocom said he will quickly
decide whether to appeal. In the event he does not appeal or the ruling is
affirmed, he promised to turn over to the state all questionable forfeiture
proceeds.

"Certainly our office will continue to enforce the law, and having this
direction, as we have consistently sought it, will assist us," Yocom said.

The ruling only applies to three specific forfeiture cases in Salt Lake
County. Another case is pending in Ogden. But Kirk Torgensen, chief deputy
of the attorney general's criminal division, is confident district
attorneys in Davis and Weber counties, who also awarded forfeiture proceeds
to police, will comply.

Under the 2000 voter-approved Utah Uniform Forfeiture Procedures Act,
labeled Initiative B, forfeiture proceeds that traditionally went to police
were diverted to the state.

The money is supposed to be used to compensate crime victims, pay legal
fees of innocent forfeiture victims and help fund schools.

County attorneys have argued they are following the most recent and
specific of two conflicting forfeiture statutes on the books. Medley
rejected that reasoning, ruling there is no conflict, and even if there
were, "It is the clear and express intent of the Legislature and the people
of Utah that Initiative B would apply and control."

Torgensen hailed Medley's decision as a "victory" for the Attorney
General's Office, which has been under attack by activist groups for not
doing enough to enforce the law.

Utahns for Property Protection filed a notice of claim Tuesday demanding
that Shurtleff sue to recoup all misforfeited proceeds.

Threatening to take legal action themselves, the citizens gave the attorney
general 21 days to press for an injunction against future abuses.

Scott Bullock, senior attorney at the Institute for Justice in Washington,
which is backing the advocates, called Thursday's outcome "great news" but
not surprising.

"This underscores the need for immediate action on the part of the A.G. He
has the support he needs now to go after district attorneys for the return
of misappropriated funds," said Bullock, "If he doesn't, we will."

That won't be necessary, said Torgensen, who nonetheless believes the
initiative still needs fine-tuning.

"We have successfully defended Initiative B in federal and state court," he
said. "We're batting 1,000. It's hard to argue with those numbers."