Legal Opinion

State v. Betensen

Utah Supreme Court

Decided February 15, 1963No. 9838PublishedCited by 18 opinions

1Opinion of the Court

CROCKETT, Justice.

This is an original proceeding in the nature of quo warranto challenging the right of the defendant, Glen Betensen, to hold the office of county attorney for Piute County, to which he was duly elected at the general election November 5, 1962.

The contention is that because the defendant is not a licensed member of the Bar he is disqualified to hold the office by Ch. 34, S.L.U.1957 (Sec. 17-18-4, U.C.A.) which provides that:

“No person shall be elected to the office of, or serve as county attorney, without being duly licensed to practice law in the state of Utah.”

Defendant…

2Cases cited5 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Wood v. BudgeUtah Supreme Court · 1962
  3. General Electric Co. v. Thrifty Sales, Inc.Utah Supreme Court · 1956
  4. Gammon v. Federated Milk Producers Ass'n, Inc.Utah Supreme Court · 1961
  5. Murphy v. Grand CountyUtah Supreme Court · 1954

3Cited by18 opinions

  1. Society of Separationists, Inc. v. WhiteheadUtah Supreme Court · 1993
  2. Gerberding v. MunroWashington Supreme Court · 1998
  3. Gerberding v. MunroWashington Supreme Court · 1998
  4. American Bush v. City of South Salt LakeUtah Supreme Court · 2006
  5. Reale v. Board of Real Estate AppraisersSupreme Court of Colorado · 1994

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