Law firm booted from FLDS Church's trust case
Rod Parker and the Salt Lake law firm Snow Christensen & Martineau were disqualified Wednesday from representing the FLDS Church and some of its members in a challenge to the reforms of the United Effort Plan Trust.
"This is an irreconcilable conflict, and it mandates the disqualification of Mr. Parker and the law firm," 3rd District Judge Denise Lindberg said. "It extends to the consultation of present and future litigants."
The judge also ordered the firm to hand over documents gathered from 17 years of representing the UEP and the FLDS Church to lawyers for the court-appointed special fiduciary placed in charge of the $110 million trust.
"The court's asking us to hand over the confidences of our client to an adversary in the view of our clients," Parker said outside court. "I think we have an ethical obligation to resist that."
FLDS member and spokesman Willie Jessop stood up in court to protest the judge's decision to disqualify their attorneys.
"Looks to me like it's part of the psychological and sociological warfare that she's plenty willing to take part of," Jessop told the Deseret News as he left the courthouse.
Church lawyers argued that the trust has been changed so dramatically, it is not the same entity it once was. Attorneys for the fiduciary countered that Snow Christensen & Martineau was once hired to defend some of the same claims they're bringing now.
"It's a huge deal to have your former counsel suing you," said Jeffrey L. Shields, an attorney for fiduciary Bruce Wisan.
Parker said he was unsure how the decision would affect at least a half-dozen lawsuits and motions challenging the UEP trust, which is now under court control. The judge's decision will be appealed to the Utah Supreme Court, lawyers for the firm said.
The trust was taken over by the courts in 2005 amid allegations that Warren Jeffs and other FLDS leaders mismanaged it. The trustees were ousted, Wisan was placed in charge, and court-ordered reforms are being enacted that would subdivide property and do away with the communal concept that the trust was founded on.
For years, FLDS members who live on land controlled by the trust remained silent and refused to cooperate with reform efforts. Now, members are challenging some of the reforms.
On Wednesday, they sought to block the sale of a 773-acre farm on the Utah-Arizona border. Wisan wants to sell the Berry Knoll Farm to a home developer, giving the debt-plagued trust a quick infusion of cash. Jim Bradshaw, an attorney representing several FLDS members, revealed the farm was designated as a temple site.
Recent comments
Too little too late...Now are we trying to see justice prevail or are...
woah | Oct. 30, 2008 at 11:01 p.m.
That's the point Re.......noone is listening. Many people just...
zxcvbnm | Oct. 16, 2008 at 6:44 a.m.
Everything you said is totally untrue.
Start using truthful...
re zxcvbnm 11;58am | Oct. 15, 2008 at 1:35 p.m.
- Odd Fellows Hall move 6:13 p.m.
- Man charged in child sexual assault 5:43 p.m.
- Jazz in back of line for free agents 5:36 p.m.
- Dining out: Ruth's Diner 5:04 p.m.
- Tactfully bring up plastic surgery 5:04 p.m.
- Malden's craft made good movies 5:04 p.m.
- Megan Joy looks forward to Utah 5:04 p.m.
- Movie listings 5:04 p.m.
- Box office 5:04 p.m.
- Weekend calendar 5:04 p.m.
- Blazers may offer Millsap a contract
- Utah's top 10: Wealth of recreation
- MWC, WAC rushed into BCS
- Restaurant burns in 3-alarm fire
- O'Connor unhappy Fes not with team
- Send Boozer to the Bulls?
- Keeping golf light on the wallet
- Teen injured in fall from waterfall
- Fatigued Jazz no match for Pacers
- River flow marks birth of sanctuary
- Bronco collecting a galaxy of recruits
138 - Letters: Palin mistreated
136 - Teachers struggle with district cuts
134 - Blazers may offer Millsap a contract
112 - 'Tea party' protesters unhappy
107 - Fairness of BCS debated
81 - Stadium of Fire lights up the 4th
79 - Chaffetz eyes challenging Bennett
72 - Millsap not franchise player
70 - Services bids farewell to Jackson
70
As more and more dads are put out of work in this economy, I've been...
The night was balmy though buggy at SPOC, the Stansbury Park Observatory...
THis is a great move. Thomas is great at defense and Millsap needs more...
The Jazz need a defensive presence and they need to get rid of Carlos Boozer...
Blake will give the jazz another needed 3 point threat, therefore helping...
What I like about the potential trade is you'd have to assume Portland will...
Portland gets Hinrich from Chicago and Fesenko from Utah. Chicago gets...
about time the Jazz are called to town on this issue lets see if we can trade...
Now, anonymous, you know who I am. I recommend that you read the Book of...
i was a news editor for a houston morning newspaper -- now deceased (thanks...
jazz get: john salmons travis outlaw tyrus thomas nicholas batum bulls...
i would like to get more for Snoozie...However if this brings chemistry think...

