FLDS lawyers file release motions
 Lawsuits have no representation pending ruling
 
By Rachle Olsen
The Spectrum
 
ST. GEORGE -- Two lawsuits filed against the Fundamentalist Church of Jesus Christ of Latter Day Saints have no representation pending a judge's ruling, a new fact that prompted attorneys on the other side to file an opposing motion on Friday.

The opposition came in response to the motion filed late Thursday in the 3rd District Court. Longtime FLDS attorney Rod Parker and the Snow, Christensen & Martineau law firm petitioned the court to be released from representing the FLDS church and the financial arm of the church, the United Effort Plan Trust, in two lawsuits recently filed against the entities and other personal parties, including FLDS prophet Warren Jeffs.

Parker cited two reasons in the motion. First, he referenced a Utah Rule of Professional Conduct, "in that the clients insist upon a course of conduct with which their lawyers have a fundamental disagreement."

And further, Parker says, withdrawal is required because "the lawyers have been discharged from representation of the defendants in (these) case(s)," according to court documents.

Gregory Hoole, an attorney working with the case on the plaintiffs' side, said the problem is that a deposition for a key witness -- where representation from both sides are needed -- is scheduled to occur Dec. 27, after which the witness is returning to Georgia for deployment to the Middle East and will thus be unavailable.

Typically with this kind of motion the party would have 20 days to appear before a judge or hire new counsel, but Hoole said the plaintiffs' side doesn't have 20 days.

In light of those facts, the plaintiffs' attorneys filed the responding motion and opposed the withdrawal of Parker until after the Dec. 27 deposition.

Hoole said he filed another motion on the chance the court grants Parker's motion, asking the court to shorten the usual 20 days of response from the defendants.

The Dec. 27 deposition is for a lawsuit where a nephew of the FLDS prophet alleged that FLDS leaders, including Jeffs, sexually abused him. The lawsuit names FLDS leaders, the church and the UEP as defendants. Jeffs denied those claims in a written statement issued from his then lawyer.

The other case Parker asked to be removed from involves a group of boys called the "Lost Boys," male individuals who claim they were kicked out of their homes in the predominately FLDS area of Hildale and Colorado City, Ariz.

Besides the motions to withdraw from the two cases, Parker filed another motion in case no representation is made on behalf of the defendants and a default judgment is entered. The other motion asked the court to require the plaintiffs to give notice of the action to anyone who would potentially be adversely affected by the judgment.

That would include notice to "all persons residing upon land owned by the (UEP)" to allow them a reasonable opportunity to protect any interests they may have, according to court documents.

Sam Brower, a private investigator hired to find Jeffs, felt the motions filed by Parker spoke volumes about what was happening in relation to Jeffs and the people in the Hildale and Colorado City area.

"(Jeffs) is a coward. He won't defend himself, he won't allow the FLDS church or UEP to defend themselves," Brower said. "He's taken off into hiding like a coward and left everyone to their own devices as evidence by Rod Parker's motion."

Despite attempts, Parker could not be reached for comment Friday.

The FLDS church constitutes the largest polygamist group in North America, with the church teaching the practice of polygamy as a religious principle.

The FLDS church traces its roots to Joseph Smith, founder of The Church of Jesus Christ of Latter-day Saints. Since 1890, the LDS church officially abolished plural marriage and members practicing polygamy have been excommunicated and barred from LDS temples.
 
TheSpectrum.com
Originally published December 18, 2004
 
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