Utah Supreme Court 2-17-10
Tomorrow beginning at 9:30 Mountain Time, the Utah Supreme Court will hear oral arguments on the FLDS Petition for Extraordinary Writ and the disqualification of Rod Parker from representing adverse parties in litigation against the UEP Trust. The hearing can be heard in real time by live streaming audio here:
Some background: The petition was brought by the FLDS Church, a voluntary association. Later Willie and Lyle, as individuals, were added as petitioners. The petition whines that Lindberg denied them standing in her court so they have nowhere else to whine besides the Utah Supreme Court. The issue of standing is the threshhold issue and it has already been litigated and appealed. Simply, if the FLDS have no standing in the lower court, they have no standing in the Supreme Court …except on the issue of challenging the order denying them standing.
In typical FLDS fanfare, however, the petition goes way beyond standing. In an 11th hour Hail Mary attempt, the FLDS is asking that the reformed trust be completely undone because it violates the Constitutional rights of FLDS members. This might have been a decent argument 5 years ago when the issue was open for challenge. But Warren elected instead to go with the “answer them nothing” legal strategy. The judgment of the probate court became final years ago. FLDS elected to allow the judgment to become final without challenging it — not because FLDS members didn’t get notice of their opportunity to participate, and not because FLDS members did not understand their rights. Nope. They deliberately and with full knowledge of the consequences elected to stay out of court — it was their Prophet’s directive, and it was their exercise of their individual and collective religious freedom to “answer them nothing.”
The Parker issue is an anomaly. This has been pending so long only because of the stand down order that was in place
Tune in tomorrow.