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Comments about ‘Appeals court defuses showdown between federal and state judges’

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Published: Friday, April 15 2011 4:41 p.m. MDT

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jasonlivy
Orem, UT

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...

Justin.D.
provo, ut

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.

lib1
Provo, UT

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.

gramma b
Orem, UT

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 of himself.

Andy
Cottonwood Heights, UT

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.

gonefishin67
Kaysville, UT

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.

Andy
Cottonwood Heights, UT

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.

Vanka
Provo, UT

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.

CougarBlue
Heber City, UT

This would be comical if it weren't such a sad story about our judiciary.

Still Blue after all these years
Kaysville, UT

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.

Gruffi Gummi
Lehi, UT

"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?

Dixie Independent
St George, UT

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?

boatersteve
Fruit Heights, Utah

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.

The Judge
Kaysville, UT

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.

slr38
Fruit Heights, UT

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.

LivinLarge
Bountiful, UT

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 to come...

deseret pete
robertson, Wy

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.

My2Cents
Kearns, UT

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.

micawber
Centerville, UT

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.

Mike Richards
South Jordan, Utah

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.

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