A judge should not issue a gag order in the case of embattled Salt Lake County Mayor Nancy Workman because it would violate her First Amendment rights, her lawyer says.

Attorney Gregory Skordas in a motion filed Monday in court for 3rd District Judge Robert Hilder denied claims made by special prosecutor Michael Martinez, who asked for a restraining order to keep the parties from talking about the case to anyone other than those associated with it.

Martinez had argued that Workman's comments and political ads for re-election attack the integrity of the court and could taint a future jury pool.

But Skordas contends Workman as a citizen and public official enjoys the right of free speech. He also insists she has never impugned the integrity of the court and stated a gag order is not necessary to protect a jury pool.

Workman has been charged with two counts of misuse of public monies, one a second-degree felony and the other a third-degree felony. She is on forced administrative leave and eager to get the matter resolved before the Nov. 2 general election.

This case — a political hot potato pitting Democrats against Republicans — originally came before Salt Lake County District Attorney David Yocom, a Democrat, who turned it over to a panel of four independent prosecutors to investigate and decide whether to lodge charges or not.

Workman, a Republican, countered that Yocom had political motives, so he appointed a special prosecutor, Michael Martinez.

However, those in Workman's camp insist Yocom's influence still can be felt in the case and argue that Martinez is setting up legal roadblocks to delay the case until after the election.

Skordas reiterated that stand in his motion, stating that Martinez's alternative suggestion to a gag order — a delay until after the election — was simply a "transparent" delaying tactic that is nothing more than a "blatant political maneuver."

Martinez also filed a motion Monday responding to Workman's request to have the court dismiss the case against her, claiming Martinez has a conflict of interest that should disqualify him.

Martinez said he is not currently involved in prosecuting anyone charged with a felony, misdemeanor or ordinance violation. He also contends that comments he made against the mayor were in columns he wrote for the Deseret Morning News before April 2003.

Martinez also argues against Workman's contention that she has "an absolute right" to waive a preliminary hearing without the prosecutor's consent.

Workman had tried to waive her right to a preliminary hearing, but Martinez objected, and the judge said he had no alternative but to set the hearing.

A hearing on the motions will be held Thursday. Workman's preliminary hearing has been set for Oct. 4.

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E-mail: lindat@desnews.com