State v. Robertson

STEWART, Associate Chief Justice:

This case is here on a writ of certiorari to review a decision of the Utah Court of Appeals upholding the constitutionality of Utah Code Ann. § 10-8-928, which allows unelected city attorneys to prosecute, in the name of the State, criminal violations of state statutes. State v. Robertson, 886 P.2d 85 (Ct.App.1994), cert. granted, 899 P.2d 1231 (Utah 1995). We affirm the Court of Appeals’ decision.

I. FACTS

In April 1993, the West Jordan city attorney filed a criminal action on behalf of the State of Utah in Third Circuit Court, Salt Lake County, charging Bruce…