End of the line for Hildale?

Lack of cooperation leads judge to urge disincorporation

Published: Monday, Jan. 29 2007 12:32 p.m. MST

The Utah Attorney General's Office may begin looking at disincorporating the polygamous border town of Hildale, stripping its city leaders of their authority and turning it over to Washington County.

Irritated by Hildale leaders' refusal to cooperate with any of the court-ordered reforms of the United Effort Plan Trust, a judge in Salt Lake City's 3rd District Court suggested that state authorities at least consider the idea.

"I hope that, if the need should arise, the attorney general will pursue ... the necessary steps to ensure that nobody is above the law — including cities," Judge Denise Lindberg said at the conclusion of a hearing last week at the Matheson Courthouse on the UEP Trust.

Disincorporation is the latest idea being considered to bring order to what continues to be a troubled situation in Hildale and its sister community, Colorado City, Ariz.

"We certainly have considered that in the past," assistant Utah attorney general Tim Bodily said outside of court Monday. "We have not made a decision."

Lindberg asked the Arizona Attorney General's Office to look at the idea, too.

Officials say elected community leaders continue to answer to Fundamentalist LDS Church leader Warren Jeffs, ignoring the reforms of the polygamous sect's financial arm, the UEP Trust.

In 2005, the courts took control of the UEP Trust amid allegations that Jeffs and other top FLDS leaders had been bleeding it. The judge appointed a special fiduciary, Bruce Wisan, to handle the financial affairs. Recently, Wisan has been trying to implement reform efforts, including the privatization of property.

Jeffs, 51, is facing an April trial on charges of rape as an accomplice. The FLDS leader who was once on the FBI's Ten Most Wanted list remains in jail, but sources have told the Deseret Morning News he continues to conduct business from behind bars.

In December, the Hildale Town Council refused to consider plans to subdivide property in the community. Last week, the UEP Trust — now under the court's control — filed a lawsuit against Hildale.

Fiduciary lawyer Jeffrey L. Shields said community leaders are afraid to make any decisions.

"It's because of this fear of retaliation by religious authorities," he told the court.

"Have you considered the possibility of de-annexing some of the property?" Lindberg asked.

The problem is, it may require a vote of the citizens — most of whom are active FLDS members.

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