Friday, April 15, 2011

Federal-State Court Judges In Utah Continue To Spar Over FLDS Trust

Tensions are growing between Utah state and federal courts over state attempts to reform the FLDS United Effort Plan Trust. As previously reported, the Utah Federal District Court held that the state had acted unconstitutionally in its five-years of proceedings and last week issued an preliminary injunction handing control of the Trust back to the FLDS Church. In response, state court Judge Denise Lindberg ordered special fiduciary Bruce Wisan to ignore the federal court order until the issues are sorted out on appeal. (See prior posting.) Now, in the latest development, the federal court yesterday issued an order (full text) requiring Judge Lindberg to appear on Monday to show cause why she should not be held in contempt for ignoring and countermanding the federal court's preliminary injunction. According to KCSG-TV News, originally the show cause hearing was scheduled for today (Friday), and when Judge Lindberg's attorney told federal judge Dee Benson that Lindberg would be in Arizona at her uncle's funeral, Benson suggested he might dispatch federal marshals to force Lindberg to appear before she left Utah.