Utah Supreme Court Grants Stay in Same-Sex Adoption Cases

SALT LAKE CITY May 17, 2014– The Utah Supreme Court issued a stay of several district court judges’ orders to the Utah Department of Health, which required issuance of birth certificates in same-sex parent adoptions. The stay was granted in response to the Utah Attorney General’s Office filing a Petition for Emergency Relief as counsel for the Department seeking legal certainty and clarity about whether district court orders violate other aspects of current Utah law. The stay will remain in effect until the issue has been fully briefed by the parties and resolved by the Court.

The stay prevents further confusion as the district court order required the Department to list same-sex parents as the legal parents of an adoptive child. The Department sought clarification because the court orders appear to conflict with Utah law currently in effect, which prohibits the state and any state entities from recognizing same-sex marriages. The Utah Supreme Court has not yet announced a date for oral arguments.

The stay appears to apply to a pending Order to Show Cause from one judge requiring two officials from the Department and the Attorney General to explain why the Department had not yet complied with the district court’s order. If further clarification is needed on that issue, the Attorney General’s Office will request it.

Today’s stay indicates that the Utah Supreme Court recognizes the importance of resolving any legal confusion regarding these matters and the Attorney General’s Office is encouraged that it will be able to present the Department’s full arguments to the Court so that these issues may be resolved to give people who seek adoption and the Department clarity on the issues.

May 8, 2014 — Utah Attorney General Sean D. Reyes announced new division leaders and office organization changes today as part of his promise to comprehensively address policies, procedures and personnel within the office. New office structure will include Civil, Criminal and Appellate Departments led by Chief Civil Deputy Brian Tarbet, Chief Criminal Deputy Spencer Austin, and Chief Appellate Deputy Bridget Romano. Chief Romano also holds the position of Solicitor General and Laura Dupaix will serve as Deputy Solicitor General. Parker Douglas, who support’s AG Reyes on policy, administration and case management, will continue to serve as Chief of Staff and will take on the role as Federal Solicitor. Missy Larsen will continue to serve as Chief Communications Officer.

Divisions in each department are designed to cover caseloads in areas of law with sections as necessary.  In larger divisions, or by special request of a division director, the AG’s office will have a deputy director to assist with division administration, training, evaluating and management duties. The deputy director may be a section director who simultaneously serves in that role, or in addition to the section directors in the division. Some of those deputy positions have been filled and others are to be determined by division directors.

Attorney General Reyes has requested that each Division Director assess division needs and allow current AG employees to interview for a section director position over the next month. General Reyes said the following about leaders who are transitioning out of their administrative roles, “We thank every prior division leader for their tremendous service. These administrative changes should not be viewed as negative actions as we are transitioning some of the best leaders we have had in this office. Even in the case of the strongest leaders, there is a time to allow new leadership to develop for the long term health and success of an organization. All of our leaders have been dedicated in their service, gracious in their transition, and in many cases have been the ones who trained the new leadership and are now committed to support our new division directors.”

He also addressed those who interviewed and were not selected by saying, “We were fortunate to have an abundance of talent but only a very few spots to fill. We appreciate many who have the desire to serve and hope that they look to future opportunities.” General Reyes and his executive team based decisions on personal interviews with candidates, other members of their division, current and former office attorneys and staff, and heavy input from clients, other division and section leaders, as well some feedback from office holders,  legislators, cabinet members and other members of the bar. Our executive team feels like the volume and breadth of data reviewed gave us a very informed perspective of who has the best skill set for what the office needs at this time.

AGO DIRECTORS AND ORG

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