POLITICS + GOVERNMENT

The slow pace of Utah Senate confirmation for Rep. Joel Ferry

Jul 19, 2022, 1:35 PM | Updated: Aug 2, 2022, 10:26 am

Rep joel Ferry, who is on the ballot this election, is pictured...

FILE: Rep. Joel Ferry, R-Brigham City, presents SB31, Water Rights Proofs on Small Amounts of Water, in the House chamber during the 2022 session of the Utah Legislature at the Capitol in Salt Lake City on Thursday, Jan. 27, 2022. (Kristin Murphy, Deseret News)

(Kristin Murphy, Deseret News)

SALT LAKE CITY — Utah Gov. Spencer Cox has appointed Rep. Joel Ferry to be the new executive director of the Department of Natural Resources. In his announcement, the governor said “his legislative experience, as well as his foundation as a farmer and rancher, will help shape our vision around natural resources and I’m grateful he’s willing to take on this new challenge.”

The problem is that Mr. Ferry is also Rep. Ferry, and currently represents District 1 in Brigham City. The Utah Constitution forbids his serving in both roles, simultaneously.

Article V of the Utah Constitution

According to Article V, Section 1 of the Utah Constitution, “The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.”

Attorney Greg Skordas joined KSL at Night to explain whether the governor is violating the constitution by allowing Representative Ferry to serve in the cabinet without requesting his immediate resignation from the legislature.

“At the current time he probably is,” Skordas said. “Rep. Ferry is a great legislator. He’s going to be a great executive director of natural resources, but he can’t do both.”

Rep. Ferry is also running for reelection

There is precedent for legislators being tapped to serve in the executive branch. Longtime Rep. Paul Ray stepped down to run the Utah Department of Human Services in 2021.  Greg Skordas remembered another example: “When a former legislator, I think it was Hall, was appointed to the bench, he resigned immediately.” Skordas was referring to Rep. Craig Hall who Gov. Cox appointed to the 2nd District Court.

Skordas then zeroed in on the real problem. “Ferry is in an awkward position because he’s standing for reelection right now.”

This is the key to the dilemma. The period to replace Rep. Ferry with another Republican candidate on the ballot has already passed. So while Gov. Cox can appoint a Republican to replace him for the rest of the term, the Democrat candidate would run unopposed in the next election if Rep. Ferry stepped down now.

Why the slow pace? Politics.

The Senate has not yet scheduled a hearing on Joel Ferry’s appointment to head Natural Resources, and the governor has not yet sent the letter to the Senate that he is required to send announcing that appointment. He is required to do that within 30 days.

Why the slow pace? Skordas says what they’re trying to do is “stall the appointment in the Senate until after the election. When he’s reelected, which is pretty much a foregone conclusion, then he can resign and (GOP delegates) can appoint someone in his place.”

Related reading:

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Politics + Government

Rep Phil Lyman shown, lyman dei comments came under scrutiny...

Emma Keddington

Rep. Phil Lyman defends post correlating DEI policies with Baltimore bridge collapse

Rep. Phil Lyman is defending a post made Tuesday, that said Diversity, Equity, and Inclusion (DEI) policies had something to do with the Baltimore bridge collapse. 

1 hour ago

Former senator Joseph Lieberman...

Jake Tapper, CNN

Former Sen. Joe Lieberman dies at 82

Former Democratic vice presidential nominee and Sen. Joe Lieberman has died, according to a statement from his family.

18 hours ago

rep phil lyman shown, he made comments about the bridge collapse in maryland...

Heather Peterson

LISTEN: Utah Rep. Phil Lyman blames Baltimore bridge collapse on DEI

Rep. Phil Lyman said the bridge collapse is because of "governors who prioritize diversity over the wellbeing and security of citizens."

2 days ago

WASHINGTON, DC - JANUARY 4: A view of the U.S. Supreme Court on Thursday morning January 4, 2024 in...

MARK SHERMAN

Supreme Court again confronts the issue of abortion, this time over access to widely used pill

Two years after the Supreme Court overturned Roe v. Wade and cleared the way for bans or severe restrictions on abortion in many Republican-led states, abortion opponents on Tuesday will ask the high court to ratify a ruling from a conservative federal appeals court that would limit access to the medication mifepristone, which was used in nearly two-thirds of all abortions in the United States last year.

3 days ago

File - The Instagram logo is seen on a cell phone in Boston, USA, Oct. 14, 2022. Instagram has star...

Associated Press

New Instagram feature limits display of political content

Instagram has started an automatic clamp down on the amount of political content appearing in its users' feeds.

3 days ago

Rep. Marjorie Taylor Greene...

Manu Raju, Melanie Zanona, Annie Grayer and Kristin Wilson, CNN

Marjorie Taylor Greene files surprise motion to oust Speaker Johnson, a sign of growing revolt from the right

Rep. Marjorie Taylor Greene of Georgia filed a motion, seeking to oust Speaker Mike Johnson from his position.

3 days ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

The slow pace of Utah Senate confirmation for Rep. Joel Ferry