The motion notes that in court Tuesday, Martinez said the district attorney's office might move more speedily if Workman would apologize for television advertisements implying Yocom charged Workman for partisan reasons.

"When a special deputy district attorney stands in open court and barters the rights of a criminal defendant for a political apology, this court should not, and cannot, give its approval by allowing the case to proceed forward," the motion says.

Interestingly, Shurtleff — Skordas' political opponent as well as the man he wants to handle the case — says Skordas' motion is "dirty, political, and he should know better. . . It's really the decision of the local attorney, in this case Dave Yocom."

Skordas said there was no political motivation and that he is simply doing what's best for his client.

The motion also contends Martinez is violating Utah law by working with the district attorney's office while at the same time serving as a private defense attorney.

"That's an assumption on their part," Martinez said. "Any case that might have been a conflict I have either withdrawn or am withdrawing from. This appears to me to be a tactic to keep the case high profile as a political move" to promote Skordas as attorney general material.

As an alternative to the case being dismissed, Skordas wants the Oct. 4 preliminary hearing waived and the case to move directly to trial.

Workman is charged with two counts of misuse of public monies, one a second-degree felony and the other a third-degree felony, in connection with funds taken from the county's health department and used for the South Valley Boys and Girls Clubs, where Workman's daughter is employed.

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E-mail: dsmeath@desnews.com