The reason: Workman's campaign commercials and statements - along with those of her attorneys - pack a "clear and compelling" danger of tainting a pool of potential jurors. So argues Murray-based prosecutor Michael Martinez in a motion filed Monday in 3rd District Court.

Workman, who is on paid leave but continuing her quest for a second term, is charged with two felonies alleging misuse of public money for tapping Health Department funds to hire an assistant for her daughter's nonprofit work at the South Valley Boys and Girls Clubs.

The Republican mayor denies any criminal wrongdoing.

"Her public campaign does not enumerate her qualities but disparages the officers of the court by continually stating that her prosecution is driven not by evidence of her guilt, but by a political vendetta," Martinez wrote in the court filing.

Workman's campaign counters that Martinez's three-pronged motion is simply another ploy to prevent the case from going to trial before the fall election.

"I have never known a prosecutor to drag his feet if he knows his case is a good one," Workman said in a statement Monday. "The fact that we are prepared to take this before a jury - tomorrow if possible - and it is the prosecution that is stalling, speaks for itself."

At a short court hearing Monday, Workman's attorneys told Judge Robert Hilder that the mayor hopes to waive a scheduled Oct. 4 preliminary hearing, but that Martinez wants the mayor to give a "mini-confession" before he will agree.

Martinez isn't not willing to skip the preliminary hearing unless Workman concedes there is probable cause to believe a crime was committed.

Workman attorney Jack Morgan Jr. calls that demand unusual.

"I am troubled that, at every turn, there seems to be something else, there seems to be another reason that we have to delay something another day, another week," Morgan said. "The people of the county want to know the answer to this question [whether Workman is innocent or guilty] before they go to the polls. I think that is an appropriate objective of the mayor's."

Morgan and law partner Greg Skordas, who is the Democratic nominee for Utah attorney general, have asked the judge to dismiss the case outright and remove Martinez from the case. They argue that the investigation and prosecution have been tainted and should be dropped and handed over to an independent agency, such as the Utah Attorney General's Office.

Hilder scheduled another hearing for Sept. 30 to debate the competing motions. The judge said he wasn't sure whether arguments over waiving the preliminary hearing were "circular or more like a circus" and noted that he would decide on the language for any waiver.

Even so, Martinez would have to agree to forgo the hearing.

Democratic District Attorney David Yocom appointed Martinez the special prosecutor in the case after Workman launched TV campaign ads quoting people saying the case is "just politics."

A new version of the ad - now airing on area TV stations - includes a man saying, "Yocom's not telling me how to vote."

Martinez says the "blitzkrieg" of commercials - combined with press coverage of the case - could result in a biased jury. He noted two newspaper articles, two of which are opinion columns, in his motion. Martinez, a former columnist for both Salt Lake City dailies, cites a guest editorial by Salt Laker John Yewell, who argues that Workman is influencing a potential jury "under the guise of political speech."

"The prosecution could not have said it better," Martinez said.

Defense attorneys typically are the ones requesting a venue change, but prosecutors in other cases have asked to move trials with a high-profile defendant. For example, prosecutors tried but failed to shift the case against then-Iron County Sheriff David "Dude" Benson to another county because he had been elected by such wide margins.

As for Martinez's request for a gag order, it would not - if granted - restrict news media coverage. But it would limit comments by Workman, her attorneys and Martinez. It's unclear if a gag rule would force Workman to alter her campaign commercials.

Gag orders are unusual in criminal proceedings.

tburr@sltrib.com