In a court document filed Wednesday, the sect alleges fiduciary Bruce R. Wisan, his lawyers and 3rd District Judge Denise Lindberg are prejudiced and have conflicts of interest.
The claims are related to their handling of and interactions with Diversity Foundation, a nonprofit founded by former sect member Dan Fischer. The filing alleges the foundation was intricately involved in the state takeover of the United Effort Plan Trust while also benefiting from the court's actions.
It is unclear whether the request by the Fundamentalist Church of Jesus Christ of Latter Day Saints will go forward, however, due to a new effort to settle all litigation over the trust out of court.
The foundation funded lawsuits targeting the trust, then urged the Utah Attorney General's Office to petition for its seizure, the sect's filing said. It also claims the foundation recommended Wisan be appointed and provided $10,000 to cover his initial expenses.
"This payment lays the foundation for a major conflict of interest undermining this case," attorney Jim Bradshaw said in the document.
Wisan has previously said that the Attorney General's Office recruited him for the job.
Attorneys Roger Hoole and Greg Hoole, hired by Diversity to pursue the lawsuits against the FLDS church and its trust, were allowed to help craft the document that revised it, the filing states.
It also asserts:
- The foundation recommended five ex-FLDS members now serving on an advisory board assisting Wisan.
- Diversity and Wisan have shared privileged information and jointly used the services of private investigator Sam Brower.
- After his appointment, Wisan and attorneys Jeff Shields and Zach Shields negotiated settlements of the lawsuits funded by Diversity "that gave substantial trust assets" to the foundation.
"Diversity's inappropriate participation in these proceedings has allowed them a platform to demonize the FLDS church," the document states.
The sect also alleges Lindberg "tolerated and seemingly condoned the inappropriate and unethical relationships."
