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A state judge has said prosecutors must file an amended criminal complaint against former Utah Attorney General Mark Shurtleff if his case is to be separated from that of his handpicked successor, John Swallow, a new court filing shows.
An entry in a 3rd District Court docket filed Monday states that Judge Elizabeth Hruby-Mills has declined to sign a proposed order from Shurtleff's attorneys seeking the separation and ordered prosecutors to refile the charges.
In July, Shurtleff and Swallow were charged with multiple felonies as co-defendants.
Last month, Salt Lake County District Attorney Sim Gill filed an amended information against Swallow and removed Shurtleff's name as a co-defendant in his case. That followed a decision by Gill and Davis County Attorney Troy Rawlings, who had jointly filed the original case, agreeing to divide the prosecutions of the former attorneys general.
It's unclear how soon Rawlings plans to file a new criminal complaint in Shurtleff's case. The prosecutor declined comment Tuesday.
In the meantime, "the link remains," Hruby-Mills wrote, and her preference is for the change to come by way of a new filing.
The judge also indicated she expects Shurtleff and Swallow to appear at all court hearings unless specifically excused by the court in advance. A pretrial order for Shurtleff signed July 15 by another 3rd District judge, Kate Toomey, stated that Shurtleff could be excused from minor hearings in the case if they conflicted with his work schedule. Toomey's order also said Shurtleff must attend all other hearings "unless otherwise excused by the court."
"The court documents speak for themselves," Shurtleff's attorney Richard Van Wagoner said. "We have complied with the court's prior order and will comply with the court's most recent order."
A telephone message seeking comment from Swallow's attorney Stephen McCaughey was not immediately returned.
The next hearing in the Swallow-Shurtleff case is set for Dec. 12, but attorneys for both sides have asked Hruby-Mills to delay it until January.
Prosecutors allege that Swallow and Shurtleff established a pay-to-play culture inside the Utah attorney general's office, which included taking bribes to ignore or protect big campaign donors whose business practices could land them in legal trouble.
Both former Republican officeholders have proclaimed their innocence.