FLDS too late, court says
The Utah Supreme Court said in a ruling released today that the FLDS waited too long to challenge state control and reformation of the United Effort Plan Trust. Here is the story, which I am continuing to update. Also, I will update this blog post with reaction throughout the day.
Margaret Cooke, UEP Trust advisory board member:
“I would hope and pray we can all work together and that something beneficial would come out of it. I would like to be able to work with the FLDS and be their friend and partner in the community.”
Katie Cox, UEP Trust advisory board member:
“For me personally, it’s a relief because there are a lot of people who are in homes that would be jeopardized if that was thrown back to what the FLDS wanted. I feel like the law should be upheld. I also have compassion for the FLDS and it is my goal as an advisory board member to be as fair, to be totally fair in any decision that comes up regarding housing. I just feel like the Supreme Court made a legal decision that upholds the law.
We have had very few requests from FLDS for homes. But we have at least two FLDS in homes that they had former ties to. It seemed the best decision to rule in their favor.
I think the law is going to have to step in and be more diligent about enforcing the law here. There has been a lot of tension in the community this past summer and I hope that we can establish a greater degree of peace here and I think that can only happen by people upholding the law — police officers and city officials and also residents having respect for the law.”
Richard Holm, former FLDS member who lives in the community:
“I am pleased. I think it is well thought out. It’s sad it took so long and cost so much in resources from both sides. But I’m sure happy to see a detailed, well thought out decision made.
“I think it resets the foundation for going into the future on it in a very clear way, where everybody pretty well knows what the opportunities and responsibilities are. I think it is a positive thing.”
Salt Lake Attorney Roger Hoole, who represented the plaintiffs who filed the civil lawsuits that prompted the takeover of the trust, issued this statement today. It appears to be an excerpt from a previous court filing.
Fiduciary Bruce R. Wisan and his attorney Jeff Shields released this press release this afternoon:
The Utah Supreme Court issued a unanimous ruling today denying the FLDS Association’ Petition for Extraordinary Writ, asserting the FLDS were not diligent in petitioning the Supreme Court in a timely manner. The decision means the Special Fiduciary will continue to administer the trust and its assets, eventually distributing the assets to beneficiaries.
“We are pleased that the Supreme Court agreed with the arguments of the Utah Attorney General, the Arizona Attorney General and the Special Fiduciary, and ruled in our favor,” said Jeffrey L. Shields, attorney for the UEP Trust. “The reformation of the Trust was a long process, beginning over five years ago, and I am glad to see that the Court has agreed that the petitioners should have taken part in the process, as invited by the Third District Court, rather than waiting for years, then taking the litigious route.”
FLDS members filed the petition in October 2009, claiming their constitutional rights were violated by the reformation of the Trust by the Third District Court in 2006. Because the FLDS waited three years to file any claim, with no excuse for their delay, the Supreme Court found that the Third District Court had “every reason to believe that the reformation had occurred without opposition.”
Additionally, because of such delay in filing, the Trust has made many significant decisions, in accordance with the orders of the Third District Court. Granting the petition this late would have greatly harmed all those who have worked with the Trust for the past several years. The Supreme Court also found the FLDS had no evidence that the Trust was discriminating against FLDS in property distributions, as no distributions have taken place and the Fiduciary and Third District Court have set up a distribution process under which religion is a neutral factor.
“The Third District Court and the Special Fiduciary have made it clear that religion is a non-factor for the Trust .We plan to move forward with the administration of the Trust, as directed by the Third District Court, with fairness and transparency and in keeping with the rule of law,” said Shields. “Our main goal is to distribute property to the beneficiaries, and we hope this ruling will bring an end to the continual litigation and allow us to focus on meeting the needs of the beneficiaries.”
In 2005, at the request of Attorney General Mark Shurtleff, the Third District Court reorganized the United Effort Plan Trust when Warren Jeffs and the FLDS leaders failed to adequately administer the Trust. Jeffs had abandoned the Trust and was alleged to be diverting assets for personal purposes. Bruce Wisan was appointed as Special Fiduciary by the Court, at the recommendation of Attorney General Shurtleff, to fill the vacancy left by Warren Jeffs and the other Trustees who defaulted on notices to appear before the Judge. Wisan was charged with the responsibility to: 1) defend the Trust, and 2) inventory the assets. As the situation unfolded in 2005, the Court issued a series of orders that escalated Wisan’s authority to include the management the day to day affairs of the Trust.
When will they be carted to reservations?
What? Who has said anything about placing people on reservations? (Well, except for the FLDS who, if I remember correctly, wanted a non-FLDS reservation created out of part of the UEP land.) Why do you so consistently indulge in hyperbole? Do you really think it garners sympathy for the FLDS for you to misrepresent the situation over and ove and over again? Don’t you accuse others of doing that exact thing?
it has nothing to do with carting anyone off to reservations and everything to do with the fact that for years the FLDS followed Warren’s advice to “answer them nothing”. it has come back to bite them big time. if there is anyone to blame for this mess it is warren jeffs. he thought he was above the law and he’s not. hopefully he and his followers are grasping that fact.
Roger Hoole:
“Contrary to predictions by Jeffs, the “FLDS people have not had their homes taken from them,” the statement said. “Court intervention has made the FLDS (and all those who live on trust lands) more secure in their homes than they ever have been.”
=======================
I guess Shortcreek IS the reservation – they are safe in their homes for once and are no longer kicked out willie nillie by Warren and the goon squad.
The decision is troubling for ANY minority group suing for violation of rights. This decision allows a delay in filing a case to be quasi consent for FUTURE violation of rights.
For example, take a group of women who find out they are being paid less than men. They don’t say anything for years for fear of losing their jobs. After many years, they finally feel the EOC will protect their jobs if they sue.
Not only will this FLDS decision allow judges to bar their claim for damages but will ALSO allow the company to continue to pay the women less than men.
I could understand this decision if all the property was ALREADY distributed. I could also understand if the courts ruled the FLDS lost the property already sold.
But what this court did was allow Wisan to continue to violate rights.
Usually courts are pretty strict about implying someone waived their constitutional rights. Many people delay civil rights cases – usually because the people who do the violation are in a position of power. It’s a shame to deny remedies because it will the people violating the rights relied on their violation continuing.
This is rewarding wrong doing.
I guess it doesn’t matter though, by the time this gets to Federal court Wisan would have already wasted all of it through fees.
No, Watching, instead they have Wisan and his [deleted] squad locking them out of their homes.
Wisan accused Jeffs of taking from the trust for his own personal needs. How many millions does FLDS owe Wisan now? Where do you think that is coming from Tex and Watching?
Rolls eyes……..
These issues will all come out when this case goes to the Federal level.
The city did a good job of investigating the trespass allegation against Wisan, so why doesn’t someone in the church allege a criminal conspiracy between Wisan and Dan Fischer to take over the trust? All they’d need is Brent Jeffs’ book for probable cause. And with a few search warrants, this game wouldn’t be so one sided.
Rebeckah, you are right. Matriarch got carried away with herself. But let’s all get back to the real world. This land belongs to the people of the FLDS, who are are being permitted to practice their religion. That religion includes holding things in common. The seizure was an attack on the FLDS religion. Considering the atacks that Margaret Cooke has made on the FLDS, her lastest statements are not believable.
Well, well, well. [Mark Shurtleff] says that Warren Jeffs was using the trust funds for his own purposes and that was the reason for taking over the trust? Where is the evidence that Jeffs was doing such, and where are the charges in court?
Next, Wisan was hired to “defend the trust”? Defend it? He has raided it! His fees alone are squandering all of its assets. And he is an avowed enemy of the UEP/FLDS and has so stated it.
How long must the FLDS members turn the other cheek to Shurtleff/Wisan and their associates who are continually raping them “tag team” style?
Why rape everyone when they are really looking to rape Warren Jeffs?
“The decision is troubling for ANY minority group suing for violation of rights. This decision allows a delay in filing a case to be quasi consent for FUTURE violation of rights.”
Actually, Concerned. The fact that the judgement mentioned several times that they had no valid reason for their delay is a pretty big indication that if there is a valid reason for the delay you can get past the problem of latches. So I don’t think it’s quite as troubling as you want to believe. The fact is that most minority groups are unlikely to put off pursuing their legal options just because one guy tells them to “answer them nothing”.
“No, Watching, instead they have Wisan and his [deleted] squad locking them out of their homes.”
What FLDS person has been locked out of a home? Several have abandoned their homes to go to the YFZ ranch and Wisan has distributed the abandoned homes to others — there was a group that abandoned that farm and refused to work it, until Wisan found someone to make use of it — hmmm, and there’s a storage shed that another group apparently couldn’t do without, even though it was attached to property they weren’t using. I’m afraid I need some enlightenment here, MA — who has actually been locked out of their own home?
“This land belongs to the people of the FLDS, who are are being permitted to practice their religion.”
No, it doesn’t Nos. The land belongs to the trust. The FLDS are SOME of the beneficiaries of the trust but they are not the ONLY beneficiaries. Wisan is not legally able to use religious discrimination (a religious test) to determine who is and is not a beneficiary of the trust.
Chansen, your “points” are so delusional they aren’t even worth addressing.
When a culture’s means of survival are squandered the culture can no longer exist. Perhaps they will not be physically carted off (more than likely become evicted)the results will be the same as those who were carted off to reservations.
I am not misrepresenting anything Rebeckah, those are the facts. I would think you and your kind would be bubbling with glee about the courts decision. I mean just think of all the personal harm this culture has caused you. How dare they prevent YOU and your kind from the pursuit of happines and the freedom of living the lifestyle YOU choose to live here in America?
CHansen1118, it was the FLDS’ own attorney Rodney Parker who went to the Utah AG and told him that the FLDS were doing nothing to answer lawsuits filed against the UEP trust and if something was not done, the FLDS people would lose everything.
If the FLDS had allowed the land to be subdivided and handed out to the beneficiaries then Wisan wouldn’t be owed a lot of money, it could already be a done deal and there wouldn’t have been a ton of money tied up in fees and lawyers. It is the fault of the FLDS leaders that so much money is owed.
They need to buy a clue and allow for the land to be divided up. If the people who receive the land wish to give it back to the UEP, then they can do that, it will be theirs to do with as they please. I think the biggest worry of the FLDS leadership is the people won’t donate their land back, they will enjoy being able to live without fear of being kicked out of their house for some unknown infraction.
What a bunch of cry babies!
Brooke had posted something from Louis W. Larsen and if anyone would take the time to look back into the history of some of these people they would not only find it very interesting but informative.
If the ancestors of the FLDS and yes the LDS could jump out of the ground and knock some heads I am sure they would. jmo
Look at the struggles they made, the sacrifices back then and today those living on the right side of the street can’t share with those on the left side. Where is the care, concern and compassion that some of their ancestors held?
Shame on all of them!! This isn’t about religion. This is about a group and groups that want power and have nothing but greed in their hearts.
The Warrenites don’t own the land anymore than the Non Warrenites. All of it was gotten thru scamming one another imo.
Look at the history!!
This whole disaster has been man-made. And greed is keeping it alive.
Someone said something about transporting them to their own reservation. In my opinion they’ve been living behind walls long enough. Utah and Arizona kept shuffling them to the end and they are still trying to “hide” the secret. Shurtleff tells them he won’t prosecute and the reality is that they are breaking the laws.
I’ve never seen so much wishy washy comments from someone who is suppose to be enforcing the law as I have Shurtleff himself. Shame on him.
Why did they just go after Warrens group? Why not the Kingstons? The Allreds? The CPark? the others? Where are the stories about them?
I read a story about a woman in the Larsen family history that was the 2nd wife who raised 10 kids by herself in a 2 room house. She didn’t need that husband for anything. He provided for the first family and worked the farm,she sold chicken eggs to make ends meet.
She didn’t need any man to let her in to the Heavens. That woman was I am sure trying to decide if she should open the gates for him to come in.
Yeah, Tex, if the state took control of your property and your lifestyle you wouldn’t have put up a fight. You would fully submit to the authority of the state. Pfft……
MA
Guess if you own assets you should follow the law. Why gamble? You will likely lose.
Why do you think they keep building BILLION DOLLAR casinos in Vegas?
The FLDS only have themselves to blame for money owed Wisan, they are big boys and girls, they knew what they were doing. AND what Warren was doing TO THEM.
No Ma; I am sure proudTexan would have screamed loudly day 1 and had it resolved quickly – not wait 3 years doing absolutely nothing useful then whine to Utah Supreme court. Not to mention the fact that proudTexan is most likely to clever to put land in a trust he/she had no control of. Ma, you really have lost all credibility with your comments.
FLDS brought all this on themselves and even gave Wisan the absolute license to spend all the time and money doing his trust job in a very hostile environment AND the right to bill them for it. FLDS and Warren have only themselves to blame for all of the money spent/owed to Wisan. Forget the conspiracy theories people! FLDS need to come up with a new strategy. Stop fighting, stop the bleeding, pay taxes and let the current trust end as fast as possible. Then regroup using the lessons learned from this fiasco to form another trust later. HELLO – current strategy is not working!!
(hope I didn’t offend ProudTex with comments)
You know what Ma_Matriarch, I would put up a fight, but I wouldn’t wait 3 years to do it. Warren instructed the FLDS not to put up a defense, so this takeover is totally on his shoulders. If the State hadn’t stepped in, at the suggestion of Rod Parker, no less, the UEP trust would be owned by Elissa Wall, Brent Jeffs and the other lost boys who filed the lawsuits.
Ma:
“Yeah, Tex, if the state took control of your property and your lifestyle you wouldn’t have put up a fight. You would fully submit to the authority of the state. Pfft…”
—————–
Child molesting is not a lifestyle, its a crime. I guess if you make it a lifestyle, it becomes an even bigger crime.
ergo, YFZ men going to prison.
IRT to losing the property, well, that was born directly from a lawsuit over…. child molesting.
The suit wasnt answered and laid the trust open to complete loss.
The state actually had to step in and save it. As I recall, FLDS atty Rod Parker called Mark Shurtleff and pointed that out to him. So, maybe the FLDS should bring the issue up with Parker.
Do you seriously think your generality would win an argument, Watching?
Watching says:
“Child molesting is not a lifestyle, its a crime. I guess if you make it a lifestyle, it becomes an even bigger crime.”
Child molesting, eh? Interesting how with the slash of a pen, marriage becomes “child molesting” given ever increasing ages for when one can get married according to the “state”.
Question for you, Watching: Would you incarcerate every man AND woman who enters into a “new definition “child marriage”"? Or, just the men? Or, only if the man is 2 or more years older?
Next question: is marriage prior to age 18 a sin? Sick? Wrong? Immoral? Rape?
Next, are these marriage ages culture specific? Or, should they be implemented for all peoples over the entire earth?
Next, should people who lived 2,000 years ago be held to the same “standard” (i.e. they should have waited until they were older than 18 to have married? Follow up question: were men and women who lived 2,000 years ago as ignorant, irresponsible, and immature as today’s teenagers are here in Amerika which is supposedly why the marriage ages were raised over the last 100 years from 12-13 years of age to 16-18 years of age today?
I’m sure we are all curious!
Ma
The FLDS are finding out the answers to their arguments in Texas.
That answers most of Hansens post too. IRT those men and their “marriages” to children, I dont care what you call it, its molestation.
BTW you cant dial back 2,000 years to live some odd lifestyle, at least not in this country.
Maybe Nigeria or Sudan.
I hear they are taking immigrants.
Chansen, not one of the girls that these men are on trial for were married. They were all ordered into sexual relationships with adult men. That IS part of the definition of child molestation. It is also abuse, exploitation and, of course, a crime.