| Hearing to consider UEP trustees Motion filed because of alleged attacks by court-appointed fiduciary | |
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By Patrice St. Germain patrices@thespectrum.com | |
A law firm representing a group of proposed trustees to the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, filed an ex parte motion Friday afternoon. The ex parte motion for leave to file responsible memorandum was filed by Jerome Romero with Jones, Waldo, Holbrook & McDonough, who are the attorneys for nominee trustees Robert D. Huddleston, Craig L. Booth and Gregory A. Kemp - collectively known as the "Huddleston Group." The hearing to consider new trustees to oversee the UEP Trust is scheduled for today after 3rd District Court Judge Denise Lindberg delayed appointing trustees during an Aug. 4 hearing. According to the court filing, the motion was made for the reason that the Huddleston Group and their council of record have been the subject of attacks by not only various petitioning parties who have nominated other proposed trustees, but by the supposedly neutral court-appointed special fiduciary Bruce Wisan. Salt Lake City Attorney Roger Hoole with Hoole & King, who is representing the lost boys, young men driven from the area once known as Short Creek, proposed the first group of trustees on behalf of his clients. Hoole said Saturday his office did file a brief response to the ex parte motion but was not pleased that Jones, Waldo, Holbrook and McDonough filed the motion Friday. "They had a month and they waited until the last minute," Hoole said. Hoole's response to the ex parte motion commented that the lateness of the motion does not give time for all parties to respond and that the motion is untimely. The UEP Trust has been without trustees since the end of May when Utah Attorney General Mark Shurtleff announced that a judge suspended the authority and power of the trustees of the UEP. Assets of the trust were also frozen. Judge Lindberg had postponed the hearing to allow more time to consider all of the materials submitted about the proposed trustees. Two groups of names have been submitted - the Huddleston Group and another group proposed by Hoole's office, which he said is a diverse group of people both with and without ties to the FLDS communities of Hildale and Colorado City. There have been two groups of names submitted to the court to consider appointing as trustees. James M. Pipkin was one of the petitioners for the Huddleston Group. Pipkin said he and some others were trying to find qualified trustees and a friend suggest Pipkin talk to his attorney and these three were proposed as potential trustees. Pipkin said he believes the three are more qualified because of their education and professional backgrounds. Pipkin said he was not concerned about the hourly wage the three were asking for in compensation if appointed. In his affidavit, Huddleston indicates if appointed, he is willing to serve at a rate of $160 per hour while both Kemp and Booth are asking for $200 an hour. "I don't think anyone works for free and if you pay people, they do a better job," Pipkin said. "I don't think the other trustees can work for nothing but expenses. Pipkin, along with Donald Cox, proposed the group although Cox later asked the court to disregard the affidavit and petition. Pipkin lives in Hildale is no longer a member of the FLDS Church and hasn't been for 30 years. One issue that needs to be resolved is defining who is a beneficiary of the trust. Hoole said the group his office has proposed includes those who have left the FLDS Church, people who never were part of the church and some who have fled polygamy. "These are people who want to help the beneficiaries," Hoole said. The group Hoole has asked the court to consider consists of Carl J. Holm, Carolyn Jessop, Don Timpson, Flora Jessop, Janet Johanson, John Nielsen, Lee Van Dam, Margaret Cooke and Merrill Harker. Most of the group is asking for expenses only to attend trustee meetings, although some are asking for some type of per diem. Only Van Dam is asking for an hourly wage of $138.75 per hour and some are asking for no compensation at all. Hoole said at this point, he believes that rather than appointing permanent trustees, he would like to see the court appoint advisory trustees to help amend the trust with court approval and define who are trustees. "I think that is an approach step at this point," Hoole said. "Until the truest document is clarified and defined, I don't think trustees should be appointed." | |
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TheSpectrum.com Originally published November 7, 2005 | |
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