Decision on fate of polygamous judge overdue
 
By Patrice St. Germain
patrices@thespectrum.com
UTAH CODE

78-8-107. Authority of Judicial Conduct Commission - Disclosure of criminal misconduct or information - Procedure for reprimand, censure, suspension, removal or involuntary retirement - Certain orders made public.

(8) (a) Before the implementation, rejection or modification of any commission order issued under Subsections (2), (6) and (7) the Supreme Court shall:

(i) review the commission's proceedings as to both law and fact and may permit the introduction of additional evidence; and

(ii) consider the number and nature of previous orders issued by the Supreme Court and may increase the severity of the order based on a pattern or practice of misconduct or for any other reason that the Supreme Court finds just and proper.

(b) In recommending any order, including stipulated orders, the commission may not place, or attempt to place, any condition or limitation upon the Supreme Court's constitutional power to:

(i) review the commission's proceedings as to both law and fact; or

(ii) implement, reject, or modify a commission order.

(c) After briefs have been submitted and any oral argument made, the Supreme Court shall, within 90 days, issue its order implementing, rejecting or modifying the commission's order.

(Source: Utah Code - Statutes and Constitution.)

ST. GEORGE - A Utah Supreme Court decision on the possible removal of polygamous Hildale Justice Court Judge Walter Steed is three weeks overdue. Judicial Conduct Commission executive director Colin Winchester said this is the first time a decision for the commission has been late.

Steed, a member of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has been serving as the Hildale Justice Court Judge for the last 24 years.

The Judicial Conduct Commission is trying to remove Steed from the bench because by his own admission he has 32 children by three wives. Steed holds court twice a month and is paid about $350 per month.

During the course of the year, the five Utah Supreme Court judges hear about 90 to 100 cases, Supreme Court Clerk Pat Bartholomew said. Of those, only two or three cases a year are for the Judicial Conduct Commission.

But, according to state code 78-107-7 paragraph 8 section C, the court is to make the decision within 90 days of the date when oral arguments are completed. Arguments in Steed's case concluded on Nov. 2.

"This has never happened to me and I've been here almost four years," Winchester said of the late decision.

During the court hearing in November, Winchester argued that as a judge, Steed is expected to live his life to higher standards, both personally and professionally, and multiple wives goes against the state bigamy statute.

Rodney Parker, Steed's attorney, argued that the bigamy laws cannot be justified under modern constitutional analysis and therefore, cannot form the basis for disciplinary action.

In his motion to dismiss formal proceedings against Steed, Parker said the right to enter into a consensual, religious, plural marriage is a liberty protected under the due process clause of the 14th amendment to the Unites States Constitution, rendering the Utah bigamy statute unconstitutional.

Steed's legal marriage and two religious marriages have taken place with consenting adults.

Two years ago, the Judicial Conduct Commission asked the Utah Attorney General and the Washington County Attorney's Office to look at the case against Steed. Both declined to prosecute.

While there hasn't been any indication from the Utah Supreme Court why the decision is late, Parker said the court is struggling with some weighty issues.

"It's not surprising it is taking as long as it is," Parker said. "This case raises a lot of arguments and constitutional points and it takes time to do it right."

Parker, who said he has not been in touch with his client, said he is waiting for a decision and checks with the courts every few days. He said he is not making any decision on the next step if he loses the case.

"I'm not sure if we will appeal. We have to wait and see if we lose and even then, it depends on whether or not we could appeal further," Parker said.
 
TheSpectrum.com
Originally published February 22, 2006
 
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