Christensen v. Juab School District

Summary

The Utah Supreme Court held that a public employee’s right to reimbursement of attorney fees and court costs under Utah Code section 52-6-201 is determined from the allegations in the criminal information, rather than an inquiry into the actual underlying events. Because the information alleged aggravated sexual abuse based in part on the employee’s former teacher-student relationship with the victim, the charges arose under color of the employee’s authority. The court affirmed the grant of partial summary judgment and the stipulated award of fees and costs.

Holdings

1. Under Utah Code section 52-6-201, the employment-relatedness inquiry is based on the allegations or charges in the criminal information, not on a reexamination of the actual events or the employee's actual guilt or innocence.
2. The criminal information alleged acts under color of Christensen's authority because it relied on his former teacher-student relationship with the victim and alleged a position of special trust.
3. Christensen satisfied the Reimbursement Statute because he was a public employee, was not found guilty of substantially the same misconduct, obtained an acquittal, and was not acquitted through a prosecutorial motion to quash or dismiss.

Questions Presented

1. Whether entitlement to reimbursement under Utah Code section 52-6-201 is determined from the allegations in the criminal information or from the actual facts and employment-relatedness of the underlying conduct.
2. Whether the criminal information alleged acts committed under color of Christensen's authority so as to satisfy the Reimbursement Statute.
3. Whether the court needed to decide whether reimbursement covered all costs incurred in defending against the information.

Disposition

affirmed