The governance of trusts is a matter of state law.
Judges are supposed to be dispassionate, but they not always are. Ultimately, I
think Judge Lindberg's sua sponte decision to order a third-party to disregard
the valid and subsisting order of federal court simply because she didn't like
it was an emotional/prideful decision made with flagrant knowledge of its
unlawfulness -- one that will ultimately, and perhaps appropriately, be called
"contempt of court." Perhaps her knowledge of the law is even an
aggravating factor in any sanctions imposed. I'm afraid this will, at best,
tarnish Judge Lindberg's career, but it will be up to Tenth Circuit, Benson, and
ultimately the Bar to reach (or not reach) those conclusions. I do not have all
the evidence; but, to quote the wisdom of old: you live the sword, you die by
Dixie Independent- The federal courts are well within their power to take
jurisdiction over this matter. They ruled that the state taking property
violated the constitution. Once it is ruled that the taking was unjust based
upon the constitution, the federal courts jurisdiction kicks in. At the point
State Courts have an obligation to step out of the way. Lindberg ignored a
court order and should go to jail, and be disbarred.
Judges are appointed with the supposition that they possess superior knowledge
and ability to handle difficult situations. The most famous ruling by a judge
was Solomon who decreed that the two mothers claiming the same baby should split
the baby. That showed an uncanny ability to deal with the difficult people and
the problem. Judge Benson, instead of rendering a patient and
thoughtful decision chose instead to be the bully and show that he had greater
power. Thankfully the 10th Circuit stepped in and slapped Benson's
hands. They should take the next step and remove him from this case as he has
shown intemperance.Judge Benson, on the other hand, should be a man,
own up to his impertinent behavior and recuse himself from this case. He then
should apologize to the public and to the Judiciary whom he has shamed by his
bad behavior. Judge Benson doesn't show the mettle necessary for a
person of his position. Too bad Benson didn't go through with his
threats and have the state judge arrested at the funeral. It would have made
the 10 o'clock news very interesting.
Judge Benson:As we have learned by sad experience, as soon a some
men get a little authority as the suppose, they immediately bein to exercise
unrighteous dominion . . .
slr38--Did you ever hear of the 10th amendment? It's in the Constitution:
"The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people."Perhaps you can quote the part of the Constitution
that involves church trusts. Otherwise the Feds should mind their own business,
although they seldom do. Too many, like Benson assume powers not granted to
So, the State Judge thinks that the 1st Amendment is obsolete? What does
"Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof" mean? Is the State Judge unable to
read and comprehend the Supreme Law of the Land? No Judge has the
right to legislate; so, if Congress has no right to make a law respecting an
establishment of religion, then no law exists respecting an establishment of
religion. If no law exists, then no judge can rule on a non-existent law.Judge Benson is correct. He is upholding the Constitution.
at slr38:"It is a basic rule of US jurisprudence that state
judges are subordinate to federal judges. Judge Lindberg is in contempt. This is
basic stuff."I think you paint with too broad a brush here. If
the state has violated the First Amendment rights of the FLDS membership, I
agree that Federal law will likely take precedence. But without knowing more of
the facts than have been reported in the newspaper, I don't think it's a slam
dunk to say Judge Lindberg is in contempt.
What it looks like is that the state judge Lindberg must be caught with her
hands in the cookie jar along with the state department of confiscation and
rights violators. The judge for the last 6 years has been defrauding the FLDS
church and pilfering the trust rather than helping those who this trust belongs
to. Those that have come to depend on her guidance has been the
state and herself who are each earning profit as trust account administrators
who get a handsome profit as self imposed trustees.Judge Benson's
intervention and decision for the state to immediately release all the
confiscated property and funds back to this church has created an enormous
financial strain on the graft and theft this Utah team has been benefiting from.
With millions of dollars at stake who can blame the state for fighting off a
federal judges decision that the state has been wrong for the last 6 years. The
State by this decision has been called thieves and may also be accountable for
the money they stole from the trust is another good reason to fight it. A comedy
of political and judicial graft over an enormous trust.
Since there is some question as to who actually is in charge of the FLDS, they
need to be careful how this is handled or we will have a bigger mess than we
got.If justice and fair play is our desired result, the judges need to get
together face to face and explore the issue between themselves and come to a
unified postion and how best to proceed instead of firing salvos and accusations
from afar.They need to swallow their pride and do their duty which is to to do
Justice to those invoived and render a decesion based on the facts of the case
and the rule of law and stop making rulings and accusations against each other
and get to the work at hand.
Looks like Lindberg's troubles are just beginning. Ultimately, this ruling will
only give Benson the legal leverage he needs to turn Lindberg into a judge with
no judicial future. My educated guess is that with Benson's findings,
Lindberg's future as a judge will be questionable. Stay tuned, the best is yet
It is a basic rule of US jurisprudence that state judges are subordinate to
federal judges. Judge Lindberg is in contempt. This is basic stuff.
Unbelievable. One more example of a federal judiciary run amok. Be interesting
to say what the 10th Circuit has to say. And Vanka, if you have any faith left
in the federal judiciary, you haven't been paying much attention to things for
the last 20 years.
Maybe judge Lindberg should hold Judge Benson in contempt and send the sheriff
down and arrest him. Someone once told me that when God wants to have real
power he pretends to be a Federal Court judge--maybe there is more to that story
than I thought.
Although Judge Lindberg's ruling may be out of line and could call into question
her judgment, the arrogance of Judge Benson screams from the mountaintop! "Defendent Lindberg" shows that Benson has assumed an
elevation that is untouchable. Methinks he is too haughty! Federal
judge or King Dee?
"A more interesting question is do we as citizens want that much power
concentrated in the Federal Government? "Maybe because the
state government chooses to violate our fundamental rights?
Chaos in government has already begun due to governmental overreach. Federal
and state levels (Ohio and WI). Now it's beginning to hit the judiciary.
Another example is the stupidity of the judge in Provo turning the sex molester
free. More of this will continue.
This would be comical if it weren't such a sad story about our judiciary.
Andy,The simple answer: Yes.When we abandon our faith in
and support of the Federal Judiciary, we are on a fast track to lawlessness and
anarchy.This country is founded upon the rule of law. Without the
Judiciary, we have no country.
A more interesting question is do we as citizens want that much power
concentrated in the Federal Government? This case clearly illustrates why
arguments that the states have all authority not specifically delegated to the
federal government are false. There is no question that states are subservient
to the feds when the federal court judge can hold a state court judge in
contempt for performing her official duties as a Utah District Court Judge. The
federal judge could jail the governor, the legislature or anyone else found to
be out of line with the federal judge's orders.
I hope Judge Benson succeeds, maybe it would open up the door for others, like
us mere mortals, to sue judges when they let say...a suspected child molester
out of the state hospital without facing justice, or know so little that they
can't decide if a shotgun is a hand gun and needs a jury trial to make up their
mind. Not being a lawyer, this is the first case I've heard of where a judge
might actually be held accountable for their actions instead of hiding behind
their dresses -- I mean robes and their judicial immunity.If your
going to write and tell me how important judicial immunity is, save it. If i
need any more fertilizer in my life I will turn on cable new.
Very interesting.I agree with Benson's ruling that favors religious
liberty. And you will recall how the State court's incompetence almost allowed
Brian David Mitchel to avoid prosecution for kidnapping Elizabeth Smart. So I
don't have too much confidence in the state court system.But a
federal court judge holding a state court judge in contempt seems a little too
much. State Court decisions are not subject to review by federal district
Courts and generally Federal Courts seem to hold off until the state court has
completed its work. But as we learned from segregation, state actors are
subject to federal judges decisions. Basically, the State Courts are there to
help alleviate the federal judges' case loads. Honorable Judge Lindberg had
better hire a good lawyer or she could go to jail or be forced to pay a fine.
IMO, if there is one judge on the state bench who is arrogant enough to defy an
order of the federal court, issued on a matter over which the federal court has
superior jurisdiction, such as a violation of the United States Constitution, it
is Judge Lindberg. This makes me laugh. Judge Benson is not the one who is full
I have a lot of respect for Judge Benson. He has always struck me as fair and
impartial. Judge Lindberg is out of line here. From time to time I
hear people say our judiciary is corrupt. But having lived in a country where
the legal system really is corrupt, I personally am grateful we have people like
Judge Benson, Judge Kimball, and Judge Waddoups on the bench here in Utah. Our
system is not perfect, but it is by far better than the systems that the
majority of the world lives under.
Jasonlivy, you are 100% correct. It is difficult to have respect for a judge
when they act like this, and I've witnessed it first hand over and over. I
understand the need to have authority over the process but their attitudes
towards everyone else is plain disgusting. I've only met one decent judge in my
whole life and that is sad.
Judge Benson is obviously put out because another judge, a state judge for that
matter, does not agree with his ruling. Because of this, Judge Benson's pride
has been hurt, pride which when given judge hood, inflates way beyond normal
relevance. Apparently, to save face, he almost followed through with forcing the
state judge home from a family funeral. I think that goes beyond what is
prudent, don't you think?We have a pride issue in our court systems.
Once they take on the robe, some (apparently Judge Benson) immediately elevate
themselves to lofty heights of grandeur. What they don't realize is that they
are as human as the rest of us.I would ask all parties involved to
use 'wise' judgement in dealing with these and other serious issues and let your
pride go. Don't let it obscure your responsibility in creating a more civilized
society. We rely on you for judgements that effect our lives directly! These
kind of acts don't give us much confidence in judges...