And, ironically, that relationship is partly why they are meeting again.

Hilder, who may decide today whether to dismiss criminal charges against County Mayor Nancy Workman, presided over the eruption between the now-defunct County Commission and then-County Attorney Doug Short.

The 3rd District judge ruled that charitable contributions by the commission to three groups were legal - a decision the Utah Supreme Court later overturned.

Which leads to today's controversy.

Workman has been charged with felony misuse of public money for allegedly skirting the law in hiring two successive bookkeepers to assist her daughter in her nonprofit work. The Supreme Court ruling in Short v. Commission set out procedures for giving public money to charities - rules which prosecutors say Workman did not follow by funneling Health Department funds to the bookkeepers.

Of course, Hilder won't decide today whether the mayor committed a crime. Instead, he may decide whether to grant motions made by Workman's attorneys and special prosecutor Michael Martinez.

Greg Skordas and Jack Morgan Jr., the mayor's attorneys, argue that the case should be scrapped because it has been tainted by partisan politics. They also want Martinez off the case.

Martinez, meanwhile, wants Hilder to issue a gag order, restricting all parties from talking about the case.

Judges rarely dismiss criminal cases outright, acknowledges Workman attorney Jack Morgan Jr.

"It would be unusual," he said. Still, he contends, the defense has spelled out compelling justification.

"There's substantial reason and it definitely would be for the furtherance of justice."

It also would be unusual for a judge to slap on a gag order. Even so, Martinez argues the order is needed because the mayor is influencing potential jurors with comments and campaign commercials.

Workman's attorneys also argue that Hilder should oust Martinez from the case because he is currently defending a client in a misdemeanor case in 3rd District Court in West Valley City.

Martinez says that case is over. "The case was fully completed on July 12," he said. "The only thing to do is wait for the judge to sign the order."

If Hilder denies the motion to dismiss and the request for a gag order, the case is set to proceed to a preliminary hearing Monday. Hilder then will decide whether there is evidence to bind the case over for a jury trial.

It remains unclear whether Workman's attorneys can land her a trial before Nov. 2, when she is seeking a second term.

tburr@sltrib.com

The Workman case

Judge Robert Hilder may decide today whether to:

* Dismiss the case. Nancy Workman's attorneys argue the two felony charges should be tossed because they say the case has been scarred by a biased investigation from Democratic District Attorney David Yocom, who they say is on a political vendetta to "get" the mayor.

* Remove special prosecutor Michael Martinez. Workman's attorneys say he is prejudiced against the mayor because of past newspaper columns mocking her and what the attorneys argue are efforts to stall a speedy trial. The mayor's attorneys also say Martinez is defending a client while serving as a prosecutor, a combination forbidden by the rules of ethics governing attorneys.

* Enact a gag order. Martinez has asked the judge to restrict all parties involved in the case from talking to the news media about the charges. Martinez says the mayor and her attorneys are tainting a jury pool with comments and campaign ads.

* Postpone the case or change venues. If no gag order is established, Martinez argues the case should be delayed until after the election or moved to another court.