This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
San Juan County Commissioner Phil Lyman will stick with his court-appointed taxpayer-funded attorney as he fights federal charges stemming from his involvement in a protest ride into Utah's Recapture Canyon.
Federal prosecutors have raised doubts about Lyman's eligibility for a federal defender, a benefit normally reserved for the indigent, prompting U.S. Magistrate Evelyn Furse to set a deadline for Lyman make up his mind about how to proceed.
Last month, Furse cautioned the county commissioner that should he choose to remain with the federal defender, she will act on prosecutors' request to reconsider her decision to appoint counsel. Lyman would be required to reimburse the government should the court determine he is able to hire private counsel.
In their response to Furse's order, Lyman's lawyers did not discuss his financial situation.
"During the short time that Mr. Lyman has been represented by appointed counsel, both parties have developed a positive working relationship and have made considerable progress in preparing the defense case," federal public defender Benjamin Hamilton wrote in his Nov. 26 reply. "Rather than begin anew with privately retained counsel, continuing with appointed counsel would also be more efficient for the court and all parties concerned."
A strident opponent of federal control of Utah's public lands, Lyman organized the May 10 ride to protest the Bureau of Land Management's failure to process his county's right-of-way applications.
Lyman is a certified public accountant and business owner who earns $50,000 in compensation from his work as a county commissioner. He was granted a court-appointed attorney based on confidential financial disclosures.
In court filings, Assistant U.S. Attorney John Huber wondered how a professional with assets and a steady income lacked resources to hire a lawyer.
Trial is set to start Dec. 22. The misdemeanor charges are punishable by up to one year in jail and $100,000 in fines.
Lyman's three co-defendants have had private attorneys appointed for them — also paid for by taxpayers. The attorneys are allowed to charge $126 an hour. Attorney compensation and office overhead for misdemeanor cases is capped at $2,800.
The defendants, all residents of Blanding and Monticello, are accused of conspiracy and driving in an area closed to motorized use. Although at least 50 people rode ATVs into the canyon, which the BLM had closed in 2007 to protect its American Indian archaeological sites, federal prosecutors singled out the men for their alleged roles in organizing and promoting an illegal ride.
Charges were dropped against one protester, Jay Redd, who had inadvertently entered the closed part of the canyon as a passenger. Redd hired his own attorney, Walter Bugden.
Lyman's lawyers have asked for a continuance because of the massive volume of evidence and recordings they need to review to prepare his defense.