FLDS trust stuck in limbo
 Judge to consider names of potential trustees and their role
 
By Nancy Perkins and Leigh Dethman
Deseret Morning News
 
ST. GEORGE — A Utah judge should hold off on appointing new trustees to oversee the United Effort Plan Trust and its extensive land holdings, according to a report filed Tuesday in 3rd District Court.

A judge is expected to consider the names of several potential trustees Thursday in a hearing in Salt Lake City. Objections have been filed against nearly every person mentioned in the high-profile case.

Bruce Wisan, a court-appointed special fiduciary for the UEP, said the proposed trustees would find little cooperation from those who live on trust land owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints.

"Every party who has filed a petition nominating trustees in this case is viewed as a dissident, apostate and/or anti-polygamy crusader," Wisan said in the 26-page report, adding that proposed trustees should fully disclose conflicts of interest and other information so the court can evaluate the background of each candidate.

Utah Assistant Attorney General Tim Bodily agreed.

"Many of the trustees that have been proposed now are all primarily coming from dissidents, or people that have a particular point of view that may not be shared by most of the people that reside on trust property," Bodily said in a phone interview Tuesday. "As a result, the court needs to be careful, we think, in making sure that they will appoint people that will represent the broad interest of the trust and also have the qualifications to do that. That's why we're (also) asking the court to take more time."

Since his appointment May 27, Wisan has sought to learn more about UEP properties in Utah, Arizona and Canada. Wisan said the UEP owns 33 pieces of property worth more than $32 million in Washington County. And just south of state lines in Mohave County, Ariz., the UEP owns 139 parcels of property worth just over $59 million.

Most of those properties are home to plural families that belong to the FLDS church, a polygamous religious sect that claims about 10,000 members in several states, Canada and Mexico.

FLDS leader Warren Jeffs is being sought by law enforcement on charges that he arranged the marriage of an underage girl to an older man who was already married. Two civil lawsuits also name Jeffs and the UEP as targets for unspecified monetary damages. Since FLDS authorities have not appeared in court to defend themselves against these civil suits, Wisan asked 3rd District Judge Denise Lindberg to grant him the authority to represent the trust in court on these matters.

Wisan also said he fears the UEP will have to sell property in order to pay more than $1.1 million that will soon be due in 2005 property taxes.

"It is very important to receive the cooperation of the people residing on trust property," Wisan said, adding it would be "extremely difficult, if not impossible" to meet the trust's ongoing property tax obligations without the cooperation and monetary contributions of those living on UEP land.

In order to resolve issues involving the UEP trust, the court must also resolve issues surrounding the need for trustees and the method for appointing them, Wisan said.

Wisan also pointed out the UEP has no funds to pay for management of its trust, although a $10,000 donation from Smiles for Diversity has been accepted. The nonprofit group is headed by former FLDS member Dan Fischer, who owns a dental firm called Ultradent.

Attorney Roger Hoole, who represents several young men suing the UEP and Jeffs, said he submitted the names of people he believes would make excellent trustees. Among them is Winston Blackmore, a former UEP trustee and head of the FLDS church in Bountiful, Canada.

Hoole would not comment on charges that Blackmore is a polygamist who has married underage brides himself, but did say, "That has nothing to do with the trust. That has to do with the anti-polygamy agenda and underage marriage."

"It is my understanding that Winston Blackmore has been very open and honest at his own peril with law enforcement," Hoole said. "He has not accepted immunity."

Another potential trustee is the former president of Dixie State College, Robert Huddleston, who will be at Thursday's court hearing, said Tim Anderson, who is representing three of the proposed trustees.

"I think it is a conflict of interest to submit trustee names when you are representing clients that are suing the UEP," Anderson said of Hoole's participation in the UEP case. "I don't know how you can think otherwise."

Bodily said the trustees face a "daunting task" of deciding what to do with the trust funds, as so many interests are involved.

"Everything they have and are, are wrapped up in that trust," said Flora Jessop, who fled from the FLDS church and now works with a group called the Child Protection Project. "Everything they have ever worked for is tied up in that trust."

E-mail: nperkins@desnews.com; ldethman@desnews.com
 
deseretnews.com
Originally published Wednesday, August 3, 2005
 
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