This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The federal discrimination lawsuit against Colorado City, Ariz., and Hildale, Utah, begins Tuesday in Phoenix. Here are some questions and answers.
Q: Who are the parties and the attorneys? A: The plaintiff is the United States, represented by Washington, D.C., attorneys from the civil rights division of the U.S. Department of Justice. The defendants are the municipal governments of Colorado City, Hildale and their utilities. Phoenix attorney Jeff Matura will represent Colorado City. Salt Lake City attorney Blake Hamilton will represent Hildale.
Q: What does the Justice Department allege? A: It says it can prove by a preponderance of evidence that the municipal governments conspired with the polygamous Fundamentalist Church of Jesus Christ of Latter-Day Saints to commit housing discrimination by providing unequal municipal services, especially police protection. Treatment favored FLDS members, the department claims, and was detrimental to nonmembers.
Q: What is the defense? A: Lawyers for Colorado City and Hildale will argue the Justice Department cannot prove a pattern of discrimination. Any discrimination was unintentional, isolated and caused little or no harm, the defense has argued. Even if the town marshals committed significant discrimination, the defense also has argued, the towns shouldn't be held liable for their mistakes.
Q: What does the Justice Department want? A: It probably wants the marshals office in Colorado City and Hildale dissolved and the municipal governments placed under a judge's supervision, but it hasn't said that and won't have to until the jury delivers a verdict favorable to the Justice Department. It could also ask for monetary damages.
Q: Who are the witnesses? A: The trial is scheduled to last four weeks, so there will be many. Some key Justice Department witnesses include former FLDS members who will testify about discrimination they saw and perpetrated while in the church. One intriguing witness is Charlene Jeffs, the ex-wife of FLDS Bishop Lyle Jeffs. The town governments will call current municipal officials who will deny discrimination or that the FLDS influence the towns' decisions.
Q: Are we going to hear about polygamy, sex abuse and other aspects of the FLDS? A: Yes. Judge H. Russel Holland has said they can be discussed as long as they have relevance to the discrimination claims. Imprisoned FLDS President Warren Jeffs will be discussed, too. The Justice Department witness list includes staff from the Texas prison where he is serving sentences for crimes related to marrying and having sex with underage brides. The department also will enter as evidence letters between municipal officials and Warren and Lyle Jeffs.
Q: Who are the jurors? They will come from Arizona's northern counties. Questionnaires were sent to about 300 potential jurors. Hamilton has said the pool has been whittled to 52 candidates. Twelve will be selected Tuesday.
Q: Didn't we just have one of these trials? A: Sort of. Ron and Jinjer Cooke sued the towns for refusing to connect utilities at the home they constructed. The trial was held in February and March of 2014 in the same Phoenix courthouse where this week's trial will start. The jury awarded the Cookes $5.2 million. The parties later settled for $3 million. The new trial will cover much of the same ground as the Cooke case and then be more expansive.
Twitter: @natecarlisle —
Rally Saturday in Short Creek
A rally in support of the plaintiffs in the lawsuit is scheduled for 1 p.m. Saturday at the corner of Township Avenue and Central Street in Colorado City.