Salt Lake City, Utah — As the annual legislative session unfolds in Utah, Steve Burton is a familiar figure in the corridors outside the House chambers. Here, Burton, a lobbyist for the Utah Defense Attorney Association, works tirelessly to ensure that lawmakers hear the often sidelined voices of the defense.
The Utah Defense Attorney Association, where Burton is employed, benefits from state funding aimed at fostering informed lawmaking by ensuring that all sides of an issue are represented. As a defense lawyer himself, Burton is acutely aware of the uphill battle he faces in his lobbying efforts.
“Lobbyists and defense attorneys are not usually held in high regard, and I’m both,” Burton said with a wry smile. He represents a group of clients who are generally viewed unfavorably by the public, including accused thieves, sex offenders, and murderers. “It’s a challenging role, but crucial, because everyone deserves an advocate.”
This legislative session, Burton and his colleague, Mark Moffat, made headlines for opposing a bill that proposed a minimum 10-year sentence for anyone convicted of torturing a child. The bill, inspired by a notable child abuse case involving Ruby Franke and Jodi Hildebrandt, does not differentiate between varying levels of complicity or remorse shown by perpetrators, according to Burton.
“This one-size-fits-all approach to sentencing isn’t just,” Burton explained. “The nuances of each case should influence the outcomes, to achieve true justice.”
This stance often positions Burton unfavorably in the court of public opinion, but he persists, driven by a belief in the importance of balance between governmental power and individual rights.
In a previous session, a bill required individuals arrested for crimes to provide DNA samples, a move Burton opposed even when faced with overwhelming support for the bill, including a powerful testimony from kidnapping survivor and victims advocate, Elizabeth Smart.
“As the only one opposing the bill in that room, I felt obligated to speak up against policies that erode our privacy and presumption of innocence,” Burton recalled.
Currently, a significant portion of over 500 bills proposed this session pertains to criminal justice, with many advocating for harsher penalties. Burton argues that such “tough on crime” policies may not be effective long-term solutions.
“Harsher penalties might address issues temporarily, but they often exacerbate the problem in future generations,” he noted, emphasizing the need for policies that result in truly safer communities.
Despite the frequent opposition he encounters, Burton remains hopeful for progressive change in criminal justice practices, drawing an analogy from his high school football days when he often stood up to stronger players bullying his teammates.
Burton clarified, “The real challenge I’m taking on is not the legislators themselves, many of whom are committed to doing the right thing, but rather the daunting public perception and political climate that favors harsher criminal penalties.”
His ongoing struggle is a powerful reminder of the complexities and challenges inherent in affecting legislative change in a democracy. Burton’s story underscores the importance of advocacy, even when it’s a lone voice against a chorus of consensus, in the pursuit of justice and balanced lawmaking.
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