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HOUSE RESOLUTION TO INITIATE IMPEACHMENT OR INVESTIGATION PROCEEDINGS AGAINST ATTORNEY GENERAL SWALLOW
2013 FIRST SPECIAL SESSION STATE OF UTAH

LONG TITLE General Description: This resolution requests that the House of Representatives of the state of Utah either initiate impeachment proceedings against or conduct an investigation into the activities of Attorney General John Swallow. Highlighted Provisions: This resolution: < requests that the House of Representatives of the state of Utah either: C C initiate impeachment proceedings against Attorney General John Swallow; or conduct an investigation into the activities of Attorney General John Swallow;

< provides a nonexhaustive list of allegations against the attorney general; < requests that any committee formed to conduct impeachment or investigation proceedings be composed of an equal number of members of the political parties in the House of Representatives; < requests that processes be adopted to facilitate the requirements of the resolution; and < requires that notice be given to the attorney general if it is determined that grounds do not exist to begin the impeachment process. Special Clauses: None

Be it resolved by the House of Representatives of the state of Utah: WHEREAS, the attorney general is the chief legal advisor to the state of Utah and Utah's chief law enforcement official; WHEREAS, the attorney general's actions must be based on the highest ethical, moral,

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WHEREAS, the need for public trust in the integrity of the attorney general is of utmost importance to the effective functioning of Utah state government; WHEREAS, it is necessary that officials in the legislative, executive, and judicial branches of state government have confidence in the attorney general's commitment to be honest, to be impartial, and to adhere to fiduciary standards in performing the duties associated with the office; WHEREAS, the role of attorney general as chief legal advisor and law enforcement official for Utah requires that he make decisions that are untainted by personal, financial, or political self-interest; WHEREAS, the attorney general is being investigated for wrongdoing by the Federal Bureau of Investigation, the United States Department of Justice, the Office of Lieutenant Governor, the Salt Lake and Davis County Attorneys offices, and the Utah State Bar Association; WHEREAS, allegations exist to suggest that a political culture has existed and continues to exist in the Office of Attorney General for the state of Utah that tolerates significant conflicts of interest and allows some campaign contributors to exercise undue influence over the official actions of the attorney general and the offices of attorney general; WHEREAS, facts and allegations give rise to concerns that the attorney general has failed to fully and impartially investigate some of the cases brought to him and to prosecute those cases without regard to personal and financial interests or the interests of the targets of the investigation; WHEREAS, the pattern of improper behavior by Attorney General John Swallow includes the following allegations: • when acting as chief deputy attorney general, he told three businessmen that their campaign contributions should be considered "an investment," that he planned to run for attorney general, and that, if the businessmen supported him and he was elected, these individuals and their businesses could expect favorable treatment as a result of their financial support of his campaign; • when acting as chief deputy attorney general, he promoted business activities for Jeremy Johnson and Mr. Johnson's company, iWorks, and other businesses that were being

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investigated by other law enforcement or regulatory agencies or were the potential subjects of investigation and that were also subject to investigation and regulation by the attorney general's office; • when acting as chief deputy attorney general, he provided counsel and assistance to Johnson and iWorks when Johnson and iWorks were being investigated by the Federal Trade Commission and while Johnson and iWorks were potentially subject to an enforcement action by the attorney general; • when acting as chief deputy attorney general, he accepted gifts and favors from Johnson, other individuals or entities associated with iWorks, and other actual or potential subjects of attorney general investigatory or prosecutorial action, including a trip to Lake Powell; • when acting as chief deputy attorney general, he was paid over $20,000 for his services in lining up funds for lobbying on iWorks' behalf; • in his communications with potential campaign donors before and during the 2012 attorney general campaign, he suggested that, in his position as chief deputy attorney general and, if elected, attorney general, he would deter investigation and prosecution of contributors who would otherwise be subject to investigation and prosecution by the attorney general's office in exchange for campaign contributions; • when acting as chief deputy attorney general, he communicated with the targets of a cease and desist order brought by the Utah State Division of Consumer Protection (DCP) without the knowledge or consent of the DCP, the client agency of the attorney general; • he told targets of investigation by the DCP that, if elected attorney general, he planned to bring the DCP under the direct supervision of the attorney general's office in order to facilitate business activities of donors who were actual or potential targets of investigation; • he failed to report and disclose in his 2012 election filing any documents or information that revealed his or his wife's interest in P-Solutions and money paid to P-Solutions as well as his or his wife's interest in SSV Management LLC; • he failed to identify relevant information about P-Solutions and SSV Management LLC in the 2012 election filing disclosures was intentional; • he failed to accurately and fully report and disclose campaign contributions received during his 2012 campaign for the attorney general's office; -3-

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WHEREAS, the solicitation of campaign funds in exchange for providing preferential treatment to the donor by a public official once in office is a violation of the public trust and may also be a violation of state and federal criminal laws; WHEREAS, the effect of the actions listed above is to undermine public confidence and trust in the integrity, honesty, and ethics of the attorney general and in other public officers and employees serving in Utah state government; WHEREAS, the attorney general has acknowledged behavior on his part that raises questions and doubts about his fitness for continued service in his position of public trust; WHEREAS, facts demonstrate significant failures of judgment and a lack of sensitivity on the part of the attorney general to appearances of impropriety; WHEREAS, allegations have been made that raise additional questions and doubts about the attorney general's fitness for office and whether he is capable of conducting himself in a manner that creates the public trust necessary for him to effectively act in office; WHEREAS, there is a compelling need for the Legislature to demonstrate a strong and public commitment to honest, ethical, and effective servants acting in state offices of public trust; WHEREAS, the authority to impeach state elected officials for high crimes, misdemeanors, or malfeasance in office is vested in the legislative branch pursuant to Utah State Constitution, Article VI, Sections 17 through 21; WHEREAS, impeachment may be appropriate and advisable regardless of whether probable cause exists to believe an elected official has committed a crime and regardless of whether an elected official has been or is likely to be proven guilty beyond a reasonable doubt of committing a crime; and WHEREAS, if the Legislature declines to begin the impeachment process at this time, appointment of a legislative investigative committee is advisable to gather facts and evaluate the conduct of the attorney general, both before and after he took office, to determine if new laws or changes to existing laws are necessary to prevent or deter such conduct from occurring in the future and to inform the public of any wrongdoing or abuses it discovers: NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the state of Utah take action to either: • appoint a House committee to investigate and evaluate the conduct of Attorney

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General John Swallow both before and after he took office as attorney general; or • begin impeachment proceedings by approving a process for the House, or a committee of the House, to determine whether the actions of Attorney General John Swallow constitute high crimes, misdemeanors, or malfeasance in office and necessitate that the House consider adopting articles of impeachment. BE IT FURTHER RESOLVED that, in the event a House committee is appointed to conduct impeachment proceedings or to investigate Attorney General Swallow, it shall be composed of an equal number of members of the political parties in the House to reflect the need for bipartisan participation in the inquiry. BE IT FURTHER RESOLVED that the House of Representatives promptly establish any processes or procedures necessary to facilitate the requirements of this resolution. BE IT FURTHER RESOLVED that if, after investigation, it is determined that grounds do not exist to begin the impeachment process at this time, the attorney general be notified of that fact to enable him to more effectively carry out the duties of his office.

Legislative Review Note as of 6-13-13 8:18 AM Office of Legislative Research and General Counsel

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