Attorney General
Austin Hepworth as an
Independent for Utah Attorney General
The law and politics establish the foundation for our society. Sadly, many people have stopped participating since politics and its environment have grown so negative. If we all step away, rather than work to change the underlying culture, it will only get worse, and our country will worsen as well.
I believe that we are capable of bringing light to politics. Politics can be a search for and a defense of the truth. While we as individuals have part of the truth in us, we need to listen to and seek to understand the wisdom and truth that others bring. However, we also need to stand firm against lies, corruption, and influences that seek to destroy the good that exists.
No political party should police itself.
I am running for Attorney General as an independent because I believe that the two main parties have become part of the problem. We need a strong system of checks and balances in place, and the office of Attorney General can provide important checks and balances to the rest of government. In Utah, we have had one political party govern for many years. Over time, this means that it becomes easy to look the other way in policing those within the party or those connected to it, and it is inevitable that things worsen when a political party polices itself.
When checks and balances are strong and healthy, the government operates within its appropriate bounds. When checks and balances are weak, corruption, negativity, and vice creep in, as unrestrained power inevitably corrupts or attracts corruption. As an independent, not subject to the direction of a political party, I can act to enforce the laws equally and hold all accountable, regardless of whether they are a member of the governing political party or not.
The Attorney General should focus on law. Not politics.
You can learn more about my views on the proper role of the Attorney General below.
In addition, you can visit Believe's YouTube Channel for podcasts and other videos where I share my views on the law, the constitution, cases, various societal issues, morality, etc.
The Role of Attorney General
The Attorney General is an elected office, and it should stay this way as it gives Utahns the ability to have a say in who the legal advisor is for the State. However, it is important to understand that the Attorney General is assisted by hundreds of others, including many attorneys who specialize in their areas of law. There are attorneys who prosecute violations of state law, who help government entities comply with legal obligations, and who work to ensure businesses stay in compliance with various state provisions. No person elected to serve as Attorney General has experience in all of the legal areas that the Attorney General's office works in, which raises the question of what a citizen should look for when selecting an Attorney General. To me, the role of the Attorney General is to lead and set the standard for what is expected of others in Utah. The law is powerful in shaping and maintaining culture, and the leaders we select inevitably set the tone for everything else that takes place. If we want our constitutional rights respected, we have to have leaders that take those rights seriously as well. Leaders can make things more transparent, they can act as a voice that raises and articulates issues, and they can help put things in motion that actually change what is taking place. If you do not have a solid idea of what the Attorney General does, you are not alone. This is an office that has yet to approach its potential. Our past Attorney Generals do not proactively work to address many issues that are within their power. I believe that this leaves Utah with many loose ends, and it allows for other government entities to abuse their power with the little attention placed on oversight. If we elect an Attorney General that is the friend of big business and big government, we will find that that trend continues in the law and how the law is enforced. Likewise, if we want to bring government and big business back to a system of healthy checks and balances, we need to elect a leader who will do things differently and who is not part of the big business/big government network. An independent for Attorney General can do so much to help put our State back on a healthy path. We, as people, have the power to tell the parties that we are not okay with the trajectory they are on. We have the power to change quite a bit, simply by the way we vote. I am committed to redefining what is possible, to setting a new standard and expectation for government, and for doing it in a way that respects the humanity and value inside of us all. I would be honored to have your vote and your support in helping Utah reach its potential.
Checks and Balances
Just as healthy competition in the free market provides a check on greed, so too healthy checks and balances in government provide a check on human vices that come into the political system. However, when one political party controls most of the state, the checks and balances start to break down. It is important to understand that as voters, we can foster some proper checks and balances by how we vote. There are two positions in particular that have the ability to provide important checks and balances on those in power - the position of State Auditor and the position of Attorney General. There is no reason for us to vote for a Republican to audit the other Republicans. It is a conflict of interest. Wall Street does not allow for those conflicts, and neither should we. An Auditor that is not a Republican is incentivized to provide far more information to us as Utahns. I believe that a non-Republican Auditor would provide far more helpful information and could serve as an important check and balance. Similarly, there is no reason to elect a Republican to enforce laws against the other Republicans. Our elected officials should not be above the law, and electing an independent helps to ensure that the Republican Party is not controlling what takes place in the Attorney General's office. The Attorney General does not make law, and partisan politics should not control who has to follow the law and who does not. I share many conservative values, but I do not personally believe that either the Democrat or Republican Parties are headed in a good direction. Many in Utah feel the same. Voting for an independent sends a clear message to the Parties that they are not representing us well, and it allows for there to be an independent official that can enforce the law equally, regardless of party or political affiliation.
Transparency
The best way to change things for good is to shine the light on any areas that have remained in the dark for some time. Transparency in government is critical to ensuring liberty and a properly functioning government. I stand firm that the Attorney General's office should share as much information as possible with the people of Utah, understanding that, at times, the attorney-client privilege requires that some things not be disclosed. However, there is a wealth of knowledge that can help Utah and its citizens make better decisions that remains bottled up in the Attorney General's office. Whenever a law is passed, it changes the actions of others, and it changes what is possible, either for good or for bad. Some laws are helpful, others have negative or unintended effects. I believe that the Attorney General's office should actively educate Utah on how the laws are impacting the State, businesses, churches, communities, families, and individuals. Utah can then fix what is wrong when it understands what is causing the problem. The Attorney General's office is full of many intelligent attorneys who have years of experience with particular laws. By creating a system for them to compile information that is accessible by Utahns, Utahns can better understand their legal obligations and understand what laws need to be adjusted to fix various issues. Additionally, this process will help Utahns understand what parts of politics remain non-transparent, such as the identity of individuals, groups, or large companies that are behind many of the laws that get passed. Until we understand who is pushing laws and why, we will not fully be able to address the real issues as many behind the laws are pushing the passage of new laws for their own personal gain. Transparency is critical to a healthy government and an informed citizenry. I will do everything in my power to bring more transparency to an office that, for the most part, has operated in recent years without much transparency in it at all.
Accountability
America became the country it is due to the rule of law. Law replaced kings and queens, dictators and others who ruled at their own whim. In recent years, there has been a growing push for individuals in power to simply not enforce certain laws or to suspend the application of laws. Such actions undermine the rule of law and threaten the very foundations of our country, as these actions suggest that the person in power is a dictator, capable of acting as they please. This is not the American way. We should not support the selective enforcement of laws. If a law is bad, that rests on our legislature to change that law, but while it is law it should be enforced. Supposed "sanctuaries", of any sort or for any political ideology, violate the rule of law. Our state and country do not need more dictators who pick and choose what they do and who they want to target with legal proceedings. Our state and country need leaders who will enforce the law to all businesses, politicians, and persons of reputation or power alike. No one is above the law, and we need to stop operating in a manner that hearkens back to the monarchs that our Founders so valiantly fought to escape. I strongly believe that much will change, for the better, when we stop giving certain businesses, people, or groups free passes under the existing laws. I will fully strive to enforce the law without favoritism or deference to a person or business based on political affiliation, amount of money, size of company, etc.
Private Solutions/Community
Liberty is a state of balance between anarchy (a state of no law) and tyranny (a state where law rules everything). Some law is necessary to help society rise from anarchy, but, in order to prevent a society from devolving to tyranny, there is need for individuals to remedy a number of their problems or issues themselves. The law cannot be the answer for every problem or ill or else we will exist in a state of tyranny, a state that I believe leads to the loss of important pieces of what it means to be human and able to decide important matters for ourselves. From my experience as an attorney, people want the law to solve all problems, even those who profess to be conservative. The political battles are about what laws should be passed instead of the proper role of law. Individuals and communities are fully capable of solving many of the problems that face society. A few examples: Girls Sports - Society currently is facing the issue of whether a person born as a male can participate on a girls' sports team. Both sides want the law to solve the problem. However, if a law is passed, either banning participation or allowing participation, the law is picking winners and losers. The issues could be solved though by enabling private solutions to sports. There is no reason our government, through schools, should run the bulk of sports programs in our state. If the system and laws are changed to facilitate the ability of private solutions, the free market could present options for sports. Some groups may choose to form all boys or all girls leagues. Others may choose to form leagues that incorporate boys, girls, transgender, etc. into teams that can function well together. There are hosts of private options available to address these issues, and by changing some of the laws that perpetuate government involvement in sports, we can create a free market system that addresses many of the issues without needing to have a winner or a loser. Health Care - Many agree that our healthcare system is struggling or broken. Every time we pass more laws to fix it, we just make it worse. The law is one of the main underlying reasons that our healthcare system is struggling, and, if we return the system to a proper foundation of law (one that has the proper balance of law to protect while giving enough flexibility to providers), the system can quickly thrive again, healthcare costs can go down, and outcomes can improve. Health is simply not a one-size-fits-all service, and there is no way for the law to address or account for all of the variation that is needed. I fully support the repeal of laws that are hurting our state and our citizens. As Attorney General, I am committed to help highlight the laws that cause issues, the ways that private solutions can solve the problems, and the proper role of law in creating the system that allows private solutions to address the myriad of problems that are best suited to the care of individuals and communities.
Constitution
The Constitution created an incredible system that has carried America through the most transformative period ever to exist on this earth. The Constitution created a state of liberty, a state of balance where monarchs could not impose their will, and the creative genius of individuals could flourish. The protection of property rights, the rule of law, and checks and balances served to propel the world into an era of incredible progress. While the Constitution was not perfect, it has been amended and refined over time, and I stand by the principles and values that it still protects. I have worked hard as an attorney to support and protect constitutional rights. I have advised many individuals and groups on these rights. I value the Utah Constitution and the U.S. Constitution, and I will stand strong in working to maintain these two foundational pieces of our government.
States Rights
An important part of checks and balances, and in problem solving, is to keep a proper boundary between the state and the federal government. Each state should be free to do what is best for those in their state, and the states that have better solutions can model those for others. Currently though, the federal government tries to solve problems with a one-size-fits-all approach for the entire country. This model is not appropriate, as it denies the reality of local culture and community and a wide variety of needs across those communities. I oppose federal government involvement in things that were not set out in the Constitution. Examples include: -Lands in Utah - In most situations, Utah should be able to control the lands within its own state, and most land under the Bureau of Land Management's control should be under Utah's control instead. The federal government's control of lands in a state should be limited to things like military bases and federal highways to facilitate interstate commerce. I also believe that national designations of land can be appropriate for preserving natural wonders like Zion National Park, but I believe that there should be a check and balance process in place where states have more say in the process as not all national designations are appropriate. I fully believe though, that with any national designation, the landowners whose property is affected must be fully compensated for their land, as currently the Federal government does not treat the land as a taking for constitutional purposes. -Education - Culture and community greatly affect what the educational needs are in states, and they affect what curriculum is or isn't proper. Federal involvement is only appropriate to ensure that basic constitutional rights are protected, such as ensuring that equal protection of the law is followed and groups are not excluded from educational opportunities or otherwise improperly discriminated against. -Corporate Transparency Act - I highly oppose the federal government's requirement that all small business owners register with FinCEN in order to conduct their business. Small business owners are not criminals and should not be treated as such. It is fully the domain of the state to determine matters of corporate ownership and control. -Healthcare - Each state should be free to craft its own solutions to healthcare, and a federal system denies the realities of the impact of culture and community on healthcare. Healthcare is not a matter of interstate commerce; it is a matter that should be left to the states.
Ability to Petition Government for Relief
An important aspect of liberty and our representative form of government is the ability to petition the government for a redress of grievances. Sadly, our court system has become something that is available mainly to those with large amounts of money. It is simply not possible for the average American to pay for a lawsuit to vindicate constitutional rights, or to hold government accountable. Due to this, cities, counties, government agencies and the like can operate outside the bounds of their restrictions with little accountability, as they know that most citizens cannot afford a lawsuit. To me, the Attorney General's office should play the role of helping to ensure that government agencies and government officials stay within the bounds proscribed by law. Citizens need ways to ask for assistance in dealing with situations where government agencies or officials exceed their jurisdiction. I feel that the Attorney General's office should work on implementing mechanisms within the office that allow citizens to have assistance in correcting wrongs perpetuated by government overreach or outright denials of constitutional rights. This will require some collaboration with the legislature for funding and staffing, but it is a principle I am committed to work on and to raise awareness of the many situations where rights are ignored by government actors. In addition, having transparency and the ability to better understand the law will also aid citizens in being better able to protect their rights and to allow the law to govern. A few examples of situations where government officials or actors exceed or have exceeded their jurisdiction or legal authority include: -"No Trespass" letters from school districts. School districts are "trespassing" parents and sending them a letter saying that they will be arrested if they step foot on school property again. These parents have children in the school system who participate in sports and other events. Parents have no recourse other than to file a lawsuit challenging the trespass letter, and this is a denial of due process and basic parental rights. If a person is a true threat, then it may be permissible to ban them from school property, but for many of the parents, they are not a physical threat and a complete ban is not appropriate. School districts should be required to hold a hearing fairly quickly after issuing a "no trespass" letter to provide basic protections of due process and to require the school district to present evidence of an actual physical threat. -Closure of public meetings. Sometimes, being a government official is a thankless job, and there are issues that will upset people regardless of how the issue is resolved. While it isn't fun to listen to the public and to give them an opportunity to speak, it is a basic right that we need to strongly protect, along with an obligation of civility while speaking. School boards, cities, counties, etc. should not be allowed to close meetings that are required to be open to the public, and there should be consequences for doing so. For example, Alpine School District closed a meeting that was required to be open to the public, and Utah agreed that they violated the law, but they imposed no consequence for doing so. A law is meaningless if it is not enforced, and, as the ability to participate in government processes are an important right, we need to actively maintain those rights. -Cities with business license requirements for home-based businesses. Utah passed a law that allowed individuals to operate a business in their home without paying for a business license unless the business activity "materially exceeds the offsite impact of the primary residential use alone". In other words, if the business does not materially change the nature of the neighborhood, no fee can be collected by cities. Despite this, many cities have taken a very aggressive approach and still communicate to residents that they have to pay a licensing fee if a delivery is made to their home, an employee visits their home, or they sell something that incurs sales tax, among others. The cities are not being honest in their approach to this law, and residents have very little they can do other than to challenge the actions in court. This is not an appropriate way for cities to regulate, and the Attorney General can and should help to keep government entities in the proper bounds set by law.
Religious Freedom
Currently, there are many societal trends and forces that are undermining important foundations of religion, especially organized religion. Court cases are starting to evaluate elements of fraud, brainwashing, control, and other claims made against organized religions. Individuals are seeking a refund of amounts they contributed to the religion. Others are blaming the religion for abuse they suffered, even though the alleged abuser held no position in the church and did not follow the tenets of the religion. The Supreme Court in the early 1990's gutted the First Amendment protections of religious freedom in the case of Employment Division v. Smith, which led to Congress passing the Religious Freedom Restoration Act. Many of the current religious rights that exist are found in statute, not in the constitution. Due to this, it is easier to attack and erode the protections, and trends in society are doing so. I fully believe that all individuals operate according to systems of faith and beliefs, and that we need to have a healthy respect for a person's faith and beliefs. The ability to believe and to assemble with others who similarly believe are foundational parts of our country and our society, and we must do what is necessary to help keep the foundation strong for all to believe and act according to their beliefs. The Attorney General should help draw attention to the evolution of case precedent with religious freedom and other constitutional rights, such as the freedom of speech, assembly, due process, etc. The Attorney General should also be proactive in helping educate Utahns on what they can do to help preserve various constitutional rights.
We can make a difference.
We can change the present and future.
Redefining Possible
We are not stuck with the status quo. The two parties do not have to control everything. Incivility does not have to continue. Hope can be restored, and we can address some of the deeper issues that divide us in ways that bring us together. America is built on the premise that there is room for the wide-variety of humanity that exists. We have the power to redefine what is possible, to make things better, and to improve our society. Starting on this journey is as simple as voting differently this coming election.
Pursuing Potential
All leaders have two choices. They can do the minimum required by the position, or they can proactively work to use the position to improve the world around them. From my perspective, our attorney generals for many years have not yet spent much time or effort to proactively improve our situation. I am committed to doing far more than the minimum required in the position. I will work to make the office a source of information and transparency that can help us all reach our potential.
Changing Our World
Our Founders changed the world by letting others see the value of the Constitution. Monarchs fell and were replaced with good modeled on what the Founders established. We can address and solve societal problems by using the wisdom and experience of attorneys and others in the office, along with citizens, to craft solutions that properly balance and respect the interests of others. These can then serve as a model that others can adopt, and our world will change, for good.
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