With pride but not
defiance, Walter K. Steed canceled hearings set for today and ended
his 25-year stint as Hildale's justice court judge after a Utah
Supreme Court opinion found he flouted state law by openly living with
three wives.
In an opinion issued Friday, the high court agreed with the
Judicial Conduct Commission that Steed's polygamous lifestyle had
brought disrepute to the office and that he must step down.
"In the case of a sitting judge, it is of little or no consequence
that the judge may believe a criminal statute is constitutionally
defective," the court said. "A judge ignores the clearly stated
criminal prohibitions of the law at his or her peril."
"Civil disobedience carries consequences for a judge that may not
be applicable to other citizens," the court said. When judicial
officers violate or ignore laws, "the stability of our society is
placed at undue risk."
Steed said in a brief written statement Friday that his religious
beliefs compel him to practice plural marriage and that doing so did
not affect his ability to mete out justice. He also said he accepted
and respected the ruling but had hoped the court would take up the
constitutionality of the ban on polygamy.
"I am hopeful that the court will eventually consider the issue of
polygamy as an aspect of personal privacy, marital rights and
religious freedom," Steed said. "I am proud of my effort to bring the
issue before the court and the people of Utah."
Steed belongs to the Fundamentalist Church of Jesus Christ of
Latter Day Saints (FLDS), which practices an early version of
Mormonism that includes the practice of polygamy.
Steed married Janet Jessop in a legal ceremony in 1965. He entered
"spiritual" marriages with two of her sisters, Marilyn Jessop in 1975
and Viola Jessop in 1985; all were adults. The unions resulted in 32
children.
Colin R. Winchester, attorney for the conduct commission, had no
comment on the 5-0 decision written by Associate Chief Justice Michael
J. Wilkins.
Tapestry Against Polygamy, based in Salt Lake City, filed a
complaint in 2003 against Steed with the commission, which
subsequently recommended the Supreme Court remove him from the bench.
Members were thrilled by the ruling.
"It is a healthy sign of things to come," said co-founder Rowenna
Erickson. "Something really needs to be done about polygamy.
Attorney Doug White, who represents Tapestry, said courts have now
ruled that polygamists cannot serve as either police officers or
judges.
"The only other officer of the court is a lawyer," he said. "You've
got to ask yourself if you can't be a policeman and you can't be a
judge, why can you be a polygamist and an attorney? It looks to me
like the Utah State Bar has something to discuss."
Rod Parker, Steed's attorney, said an appeal to the U.S. Supreme
Court was unlikely.
Parker had argued that the state arbitrarily enforces polygamy,
and said Friday that the last time the state prosecuted a bigamy case
was in the 1950s.
"If we are talking about a statute that is never enforced, then we
have to say why should this judge be singled out for special treatment
when it is a statute that no one is forced to obey?" Parker said.
There are other laws that are regularly not enforced, he said, the
most obvious case being the anti-sodomy statute. He also had argued
that Steed should not be removed without a criminal prosecution and
the opportunity to defend himself.
Parker said the Supreme Court's ruling was "a decision about
judges," not the constitutionality of the ban on plural marriage
between consenting adults. "It tells us nothing about what the court
is thinking about polygamy."
That will come when the justices decide on a request to overturn
the bigamy conviction of polygamist and former Hildale police officer
Rodney Holm, whom Parker also represents. That case was argued 16
months ago.
Neither the state nor Washington County has ever moved to
prosecute Steed for bigamy during the years he served as a justice
court judge. Utah Attorney General Mark Shurtleff said Friday he has
no intention of going after Steed and that his office will continue to
focus its limited resources on serious crimes in polygamist
communities such as child abuse, domestic violence and fraud.
Richard Schwermer, assistant court administrator, said there had
been no complaints about Steed's decisions over the years and that he
was a "nice guy, always cooperative. He was never deceptive or
deceitful about what his status was."
A truck driver by trade, Steed has served since 1980 in the
part-time judge position, holding court twice a month to hear
misdemeanor cases, most of them traffic violations. He was paid a
little over $300 a month, Parker said.
Justice court judges are appointed by city councils and must
complete a four-day training course and pass a test before taking
office. Hildale Mayor David Zitting said Friday he was unsure when the
council would appoint a replacement for Steed.
"It is just a matter of finding someone who would be willing to
[serve] and to go through the training requirements," he said. The
next training session is scheduled for April.
Zitting said it would be no problem finding someone who is not a
polygamist, as Hildale did when it replaced its former police chief,
also a polygamist.
The FLDS have about 8,000 members in the adjoining towns of Hildale
and Colorado City, Ariz., and have been under increasing scrutiny by
the states of Utah and Arizona. Parker said the community is "hunkered
down. They are just waiting to see what happens."
Arizona has taken over the public school district formerly run by
FLDS members, charged eight men with entering plural marriages with
underage girls, and charged FLDS president Warren Jeffs with arranging
a plural marriage between a 16-year-old girl and a married 28-year-old
man. Jeffs is wanted on a federal charge of fleeing prosecution on
that charge.
Last May, the Utah Attorney General's Office asked a court to put
the faith's United Effort Plan Trust, which holds most property in the
twin cities, under court oversight, arguing its assets were in
jeopardy because of civil lawsuits filed against Jeffs and the FLDS
church.
brooke@sltrib.com
|