From Deseret News archives:
FLDS mother victorious in court
60-day status hearings on children start Monday
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In family service plans obtained by the Deseret News, Texas CPS officials allege there is a culture on the YFZ Ranch where girls grow up to become child brides, and boys grow up to become sexual perpetrators.
Judge Barbara Walther on Friday presented a new concern for attorneys to wrangle over as they prepare for the hearings. She worried about lawyers representing children even those no longer deemed to be children and adults within the FLDS community at the same time, which could potentially raise conflict-of-interest issues.
"If you have one, you can't have the other," the judge said, citing Texas court rulings about attorney conflicts.
With such deeply intertwined families coming from a communal-style living environment, the attorneys realized the potential problems as the custody case moves forward. One attorney told the judge it could pose a significant problem for the entire case.
Mary Golder, appointed to represent five FLDS children in state custody, said she has worked hard to build relationships with her clients.
At the same time she presented the problem, Judge Walther seemed to have found the solution. She left the bench while attorneys huddled over the proposed solution.
"The guardian ad litems are willing to waive a conflict with the understanding that if problems arise, they will be addressed," said Debra Brown, the court-appointed Special Advocate in the case. "We will ask attorneys not to represent mothers and their children or adults and their sister wives in one family unit."
Hundreds of lawyers have volunteered their time to represent the FLDS mothers and children.
"Ideally in any case, you want a different lawyer for everybody," said Golder. "This is just such a unique case all the way around."
E-mail: bwinslow@desnews.com
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