Prosecutorial Reform

Prosecutors 101

In Utah, a prosecutor is also known as a County Attorney or a District Attorney. A prosecutor is the most powerful actor in the criminal justice system. When someone is accused of a crime, a prosecutor decides what charges to file, what bond to argue, and what plea deal to offer. A judge has little to no involvement with these decisions, and a jury rarely hears a case at trial where most cases end with plea deals. The prosecutor brings the power of the state, which includes law enforcement, against an individual and can deprive that person of life, liberty, and property. Often, a person accused of a crime does not have the same resources to defend themselves in court.

Why Prosecutorial Reform?

Prosecutors with "tough-on-crime" policies have resulted in the United States having the highest incarceration rate in the world. Those incarcerated are disproportionately minority populations, poor, or both. These issues exist in Utah, where 43% of people newly incarcerated to the Utah Department of Corrections are minorities. Additionally, there is little to no oversight for a prosecutor's charging decisions or plea offers. Often, prosecutors resist transparency and accountability for their office. This has happened in Utah County, where the County Attorney's office has resisted efforts by the County Commission to create a review board to make sure prosecutors are serving the ends of justice through fair play and just outcomes.

Prosecutorial reform means fundamentally altering the incentives that drive prosecutors. It means supporting reform-minded prosecutors committed to reducing incarceration and prioritizing alternatives that are more effective at preventing future crime and improving community health. It means supporting prosecutorial practices that proactively address racial disparities in the criminal justice system. It also means holding prosecutors accountable like never before—in the courts, in the legislatures, and in the court of public opinion—when they operate in the dark, seek convictions at any cost, or stand in the way of the growing public consensus demanding an overhaul of the criminal justice system.

2018 County Elections

County Attorneys and District Attorneys are supposed to be democratically elected by Utah voters. Voters, however, rarely get a real choice. Since 2006, 81% of prosecutor elections in Utah have been uncontested where only one candidate was on the ballot. Uncontested elections allow prosecutors to continue failed "tough-on-crime" policies that resulted in the United States having the world’s highest incarceration rate. Uncontested elections also let prosecutors avoid tough questions, such as how they will address racial disparities in Utah’s criminal justice system or handle prosecutorial misconduct in their local office.

A major transformation is needed from elected prosecutors in Utah. The dialogue around prosecutor elections must change so that tried and failed "tough-on-crime" positions are challenged. Voters that demand reducing incarcerations rates, increasing rehabilitation services, and improving prosecutor accountability will give reform-minded prosecutors an opportunity to enact those changes.

The 2018 elections provide an opportunity for voters to hold County Attorneys accountable for their decisions. Voters can ask tough questions, demand thoughtful answers, and let candidates know that criminal justice reform is a priority.

2018 Prosecutor Candidate Tracker

Click on a county name below to view candidate information, or download the 2018 Utah Prosecutor Candidate Tracker spreadsheet.