Rep. Joel Ferry is serving as acting director of the Department of Natural Resources, which Democrats say violates Utah’s constitutional separation of powers.
Ferry is serving as acting director of the Department of Natural Resources, which they say violates Utah’s constitutional separation of powers.
On Thursday, legal counsel for the Utah Democratic Party and Joshua Hardy, Ferry’s opponent in November, sent a letter to Lt. Gov. Deidre Henderson’s office asking that they disqualify Ferry from appearing on the ballot since he’s ineligible to hold office if he is reelected. The letter pointed to a similar situation in 1978 when Sen. Edison Stephens was appointed Director of the Division of Weights and Measures by then-Gov. Scott Matheson. The Office of the Attorney General advised Matheson that Utah’s constitution prohibits a person from simultaneously holding a position in the executive and legislative branches of government.
Ferry’s appointment is still awaiting confirmation by the Utah Senate. The official notice from Gov. Cox’s office nominating Ferry to the position was not sent to the Senate for nearly a month after he assumed his new duties. Ferry’s confirmation hearing has yet to be scheduled. A vote to confirm him to the full Senate could either happen during the next interim session on Sept. 21 or wait until the October interim, after the time mail-in ballots are sent to voters.
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