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Attorneys are trying to quash a subpoena to LDS Church President Thomas S. Monson in a lawsuit over allegations of sex abuse of Navajo children placed with Mormon families in the 1960s to early '80s.
Church attorneys say Monson did not oversee the program nor does he have specific knowledge about the Navajos who participated in it.
The back-and-forth exchange is part of a lawsuit the church brought in federal court in Salt Lake City in reaction to complaints filed in Navajo Tribal Court in which four tribe members alleged they were sexually abused after being placed in Utah homes through the church's "Indian Student Placement Program."
The program took Navajo minors from the reservation in the Four Corners region and sent them to live with Utah families who were members of The Church of Jesus Christ of Latter-day Saints.
The church seeks a declaration from U.S. District Judge Robert Shelby that Tribal Court is not the proper jurisdiction to litigate the issues. A hearing is scheduled for Monday when Shelby has indicated he may issue a ruling.
Attorneys for the Navajos sought to subpoena Monson to appear at a deposition this month. They argue that Monson's move up the LDS leadership ladder puts him in a "unique position to have relevant information about these issues."
Two female and two male Navajos are seeking damages from the church for the alleged sex abuse they suffered.