Utah Supreme Court to decide on Jeffs' appeal
 
Kevin Jenkins
kevin@thespectrum.com
The Spectrum
 
ST. GEORGE - Polygamous church leader Warren Jeffs' appeal of a Texas extradition order will be decided by the Utah Supreme Court following a vote by at least four judges of the Utah Court of Appeals, the court announced Wednesday.

Gov. Gary Herbert signed an extradition warrant in August turning Jeffs over to the custody of Texas law enforcement officials for trial on charges in that state, but Jeffs' attorney, Walter Bugden, has vowed to fight the extradition.

Bugden is seeking Jeffs' rights to a speedy trial in Utah following the high court's decision to overturn his client's 2007 conviction in St. George on two charges of accomplice to a rape.

The charges stem from a marriage Jeffs, the president of the polygamous-leaning Fundamentalist Church of Jesus Christ of Latter Day Saints based in Hildale and Colorado City, performed between a 14-year-old girl and her 19-year-old cousin in 2001.

A separate trial on the rape charge, in which the girl's then-husband is the suspect, has yet to be decided in St. George's 5th District Court. She has since remarried and written about her experiences as a member of the church community.

Salt Lake City's 3rd District Court Judge Terry Christiansen ordered Jeffs to comply with the extradition order on sexual assault and bigamy charges Monday, but the defense appealed the decision and the extradition was halted.

In Court of Appeals documents filed Wednesday by the Attorney General's Office, the prosecution argues the legal groundwork for extradition exists and Jeffs' reasons for opposing extradition are irrelevant.

"Gov. Herbert has the discretion to either surrender Jeffs to Texas now or wait until Jeffs has been tried in Utah," the prosecution's filing states. "No authority exists under...case law for this court to interfere with the governor's discretion to act in a particular way in granting a valid extradition request."

Referencing an agreement in the extradition order that Jeffs will not be eligible for bail in Texas, the filing states, "Mr. Jeffs argued that the documents were not 'in order' because they contain an agreement regarding bail. ... This statement does not render the extradition improper, nor does it support Mr. Jeffs' contention that the documents are not 'in order on their face.'"

Regarding the request for speedy retrial before the 5th District Court, the filing adds, "At the present time, the only issue before the court is the limited inquiry into the propriety of extradition. But even if the court could consider his claims, Mr. Jeffs' constitutional rights have not been violated, his rights are all prospective. If Jeffs' rights are violated in the future, he will be able to raise the appropriate concern in the appropriate forum."

The state's high court will meet next week to review the ruling and the appeals.
 
TheSpectrum.com
Originally published November 19, 2010
 
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