The Civil Department, led by Mark Burns, provides legal representation and counsel to the state of Utah, its agencies, boards, commissions, and elected officials. Serving as the state’s law firm, the department ensures that government actions comply with the law and that state entities are supported in fulfilling their missions. From contract disputes and regulatory matters to constitutional questions and public policy defense, our attorneys play a vital role in protecting Utah’s legal and financial interests.
Department attorneys represent the state in a wide range of legal forums—including state and federal courts, administrative hearings, and regulatory proceedings. They work closely with client agencies to provide proactive legal guidance, minimize legal risk, and help state leaders make informed, lawful decisions. The division also handles complex litigation involving civil rights, environmental law, taxation, elections, and public lands.
With a focus on legal integrity and public service, the Civil Department helps ensure that the business of government runs smoothly, transparently, and within the bounds of the law. Its work not only defends the legal interests of the state but also helps build public trust by upholding accountability and lawful governance across all branches of Utah’s government.
The division provides general legal and litigation support to the Utah Department of Natural Resources (DNR) and its divisions: Forestry, Fire & State Lands; Oil, Gas & Mining; Parks & Recreation; Water Resources; Water Rights, Wildlife Resources; and Utah Geological Survey.
The division also represents and supports the Public Lands Policy Coordination Office (PLPCO) and the Constitutional Defense Council (CDC) in the protection, preservation, development, use, stewardship, and conservation of the state’s public lands, roads, and natural resources.
The division includes Civil Rights, Torts and Employment sections that defend state agencies, school districts, charter schools, and their employees from lawsuits seeking money damages. The Civil Rights Section handles lawsuits claiming constitutional and statutory civil rights violations, such as free speech, religious freedom, and establishment claims, as well as search and seizure, due process, cruel and unusual punishment, equal protection, Title VI, Title IX, ADA, and IDEA claims.
The Torts Section works on lawsuits involving money damages for catastrophic bodily and emotional injury, property damage, and other personal loss allegedly caused by negligent or intentional acts that fall within the coverage of the Utah Division of Risk Management. The Employment Section specializes in defending state agencies and school districts that are sued by present and former public employees claiming wrongful termination or other job-related mistreatment under numerous federal and state laws including Title VII, ADA, ADEA, and FMLA.
The division provides legal counsel to the state’s systems of public education and higher education, which consists of the State Board of Regents, the University of Utah, Utah State University, Weber State University, Utah Valley University, Southern Utah University, Dixie State University, Snow College and Salt Lake Community College.
Legal services provided to the colleges and universities vary from campus to campus, but they are primarily focused on practicing preventative law, complying with state and federal statutes, and defending the institutions during internal hearings including conduct hearings, employee discipline matters, and tenure appeal hearings.
The Highways and Utilities Division represents and provides legal advice to the Utah Department of Transportation (UDOT) in several areas including eminent domain, real estate transactions, property valuations, access disputes, easements, relocation assistance, and other areas.
The division represents the Division of Public Utilities and the Office of Consumer Services to help ensure that public utilities charge reasonable rates and provide efficient services.
Highways and Utilities represents and provides legal advice as agency counsel to the Utah Department of Public Safety on matters such as law enforcement, peace office certification, driver licensing, concealed firearm licensing, criminal history records, fire prevention, emergency response, forensics and highway safety. The division also represents the Driver’s License Division in District Court on actions they take to suspend or revoke a driver’s license for driving under the influence of alcohol and/or drugs.
The division acts as a catch-all for the Office, handling work that does not fit within more narrowly focused divisions. The division provides legal counsel and services to over 40 state agencies. The division also specializes and advises on Civil Prisoner Relief Petitions, Civil Review Committee & Local Government, Competency Issues, Constitutional Issues, Gambling Complaints, GRAMA, Notary Public Issues, Public Ethics, State Government Powers and Authority, Tobacco Enforcement & Litigation/Settlement, Trademarks, Weatherization, and Wiretapping & Eavesdropping.
Provides legal representation to the Utah State Tax Commission, the Utah Insurance Department, and the Utah Department of Financial Institutions. The division also represents the State of Utah in the issuance of state and local governmental bonds and monitors the termination and modification of charitable trusts.
The division also advises and represents the Utah Transit Authority in a variety of matters involving public transit including complex civil litigation, capital improvement projects, procurement, federal grant compliance, property acquisition and management, transit-oriented development partnerships, police operations, agreements for enhanced access to public transit by disadvantaged persons and legal support for the Board of Trustees and its Local Advisory Council.
The Child and Family Support Section provides legal representation to the Utah Office of Recovery Services (ORS) to help establish, modify, and enforce child support and medical support orders. Attorneys in this section work to ensure that children receive the financial support they are entitled to, regardless of family circumstances. They handle a high volume of cases involving paternity, interstate enforcement, and compliance with both state and federal child support laws.
By supporting ORS in its mission to promote responsibility and financial stability for families, the Child and Family Support Section plays a critical role in improving outcomes for children across Utah. Their work not only helps secure essential resources for families but also strengthens the state’s commitment to child welfare and parental accountability.
The Environment section provides legal representation to all five divisions of the Utah Department of Environmental Quality (DEQ): Division of Water Quality; Division of Air Quality; Division of Waste Management and Radiation Control; Division of Drinking Water; Division of Environmental Response and Remediation.
The Health and Human Services section represents the Utah Department of Health and Human Services (UDHHS) in Medicaid hearings, licensing and other administrative and judicial proceedings.
The section represents the department’s many organizational units, including the Office of Vital Records and Statistics, the Utah Medicaid program, the Center for Medical Cannabis, the Utah Public Health Laboratory, the Office of the Medical Examiner, the Office of Substance Use and Mental Health, the Utah State Hospital, Adult Protective Services, the Office of Public Guardian, the Utah State Division of Services for People with Disabilities, the Utah State Development Center, the Utah Developmental Disabilities Council, the Utah Division of Licensing and Background Checks, Juvenile Justice and Youth Services, the Division of Family Health (containing Children with Special Healthcare Needs and Maternal and Child Health), the Office of Communicable Diseases, the Office of Emerging Infections, Health Promotion and Prevention, and Emergency Medical Services, and the Division of Data, Systems, & Evaluations.
Child Protection provides judicial protection for children who are in imminent danger or at risk of abuse or neglect. The division works in tandem with partners in the Utah Division of Child and Family Services (DCFS) to ensure that evidence is clear and that proper legal processes are followed whenever the state decides that it is necessary to intervene into the privacy of a family in order to protect a child. The focus is on the immediate protection of the child and strengthening, whenever possible, families to eliminate abuse and neglect in the home.
