Child welfare worker describes FLDS ranch as 'scary environment'

The judge clearly began to express her frustration at the flurry of Constitutional issues being raised and said Thursday's hearing was simply designed to determine the custody status of the children.

"I don't intend to rule on anyone's religious practices. ... I am not passing (judgment) on anyone's religious beliefs," Walther said, adding that the hearing was about the "taking of the children.

"It is about whether or not there's sufficient information to justify the state's intrusion into these folks' lives. The real issue is whether these children can be returned to their parents."

Walther, who said she was inclined to "conditionally" accept the bishop's records as evidence, pointed out that attorneys are more than welcome to file their objections to the court in writing. She said she did not want to discourage any of the issues raised by attorneys, but urged everyone involved to stick to the issue at hand. The other issues would be addressed in the future, she said.

"I will admit that normal doesn't seem to apply to this case," she said.

In the midst of an atmosphere that at one point bordered on jovial, one attorney requested a transfer of venue, saying it would be impossible to fairly handle the case in San Angelo, where Walther presides.

"This is not before a jury. Are you saying I'm going to be negatively impacted by the media? Is that really what you want to say, sir? Be careful," the judge warned.

The attorney immediately withdrew his motion.

The first objections of the day came just minutes after the first case was introduced when Ellen Griffith, an attorney representing the Department of Family and Protective Services, said she wanted genetic samples collected from each child and each parent in her case, a psychiatric exam and counseling for the children, and that the children be placed outside the five-county area that is within the jurisdiction of this court.

Griffith's requests were immediately met with opposition from the guardian ad litem attorney who had objected to the format.

"Your objections are a bit premature," Walther said. "It's not the appropriate time for any lawyer to be saying they've been denied any right."

The judge said, by law, the hearing has to be held within 14 days of the children being taken into custody.

"It is not a perfect solution. ... You will be able to represent your clients individually. ... This is wasting time," Walther said.

The judge went on to say she fully understands that every lawyer will make an objection, but added "let's just see how this works. ... I admit it's not going to be perfect."