Despite her objections, Salt Lake County Mayor Nancy Workman will have a preliminary hearing Oct. 4.

A newly appointed special prosecutor will not permit the mayor to waive her right to the hearing, even though such hearings were conceived for the benefit of defendants, not prosecutors.

Preliminary hearings serve largely as a forum for prosecutors to present evidence to convince a judge a trial should proceed.

Workman wanted to skip the hearing and head directly to trial so her case of alleged misuse of public money could be decided before the Nov. 2 general election.

Earlier Tuesday, special prosecutor Michael Martinez said he would not object to Workman waiving her right to a preliminary hearing. But he reversed his position in court Tuesday afternoon.

Workman attorney Greg Skordas objected to having a special prosecutor and asked the court to let Workman waive her right to a preliminary hearing. That was denied by 3rd District Judge Robert Hilder.

Hilder, however, closely questioned lawyers for both sides and, after hearing a brisk give-and-take, had them leave court for about 45 minutes to confer about possible preliminary hearing dates. All parties agreed on Oct. 4.

At one point, Martinez suggested it's possible that if Workman's side apologized for its recent political television advertising that intimates Salt Lake County District Attorney David Yocom charged Workman for partisan reasons, someone from that office could handle the case faster.

"You're telling me we're having trouble scheduling a preliminary hearing because the DA wants an apology?" Hilder asked.

Martinez quickly retreated, saying, "I will work with them as much as I can."

Martinez also asked the judge for a gag order, which was denied.

Outside the courtroom, Workman made brief remarks to reporters.

"I think the judge is doing what he can and these guys (her lawyers) are working like crazy to get things done," she said. "I'm still hopeful we can get this done (before the election). I think the citizens need to know what's going on."

Yocom had announced Martinez's appointment Tuesday morning at a press conference, at which Martinez said he saw no need to try the case before Election Day.

"I don't see that this case is that big of a deal . . . ," said Martinez, a former prosecutor, former Deseret Morning News columnist and community activist who is currently in private practice. "It's just like any other felony case."

As a newspaper columnist, Martinez has expressed opinions that have been less than flattering to Workman.

In a Jan. 20, 2003, column, Martinez ridiculed Workman (whom he referred to as "Fancy Nancy") for installing lights and sirens on her county vehicle.