St. George, USA - A judge delayed appointing new trustees to the United Effort Plan Trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, Thursday afternoon, but expanded the authority of court-appointed special fiduciary Bruce Wisan.
The hearing, held in 3rd District Court in Salt Lake City before Judge Denise Lindberg, lasted three hours. Lindberg not only postponed naming new trustees until at least Oct. 25, she narrowed the pool of trustees.
After the hearing, Wisan said one of his concerns was that out of the pool of 19 potential trustees, none were pro-FLDS. Because the UEP is primarily made up of FLDS church members, mostly residing in the Hildale and Colorado City area, Wisan said it would be a benefit to have some pro-FLDS people as trustees.
"The judge indicated that she would open the pool back up if pro-FLDS people wanted to be considered," Wisan said. "I'm not sure if any active members (of the FLDS church) would be willing to serve."
During the hearing, Wisan said Lindberg addressed some key issues that he documented in a report he submitted to the court on Tuesday. The report included recommending full financial disclosures from potential trustees and expanding his role as special fiduciary.
Part of that expansion would include giving Wisan the authority to sell UEP property to create a cash flow to administer the trust and to collect property taxes from those residing on trust property. The sale of some property could also be used to help pay property taxes on UEP land.
Utah Assistant Attorney General Tim Bodily said he felt the outcome of the hearing was "appropriate."
"It alleviated immediate concerns of who is in control," Bodily said.
Bodily also agreed that the disclosures of potential trustees were important and it was a prudent choice on the part of the judge to require the disclosures.
Like Wisan, Bodily said it was important to have input from active FLDS church members since presently, based on representation, 80 to 90 percent of those occupying trust property are involved in the faith.
"The trust will affect them and the property and we would like to hear their suggestions on how situations could be improved," Bodily said.
Other issues that will need to be addressed are the trust itself and if the 1942 incorporation papers or the restatement of the trust made in 1998 are the governing documents.
Another issue will be deciding who exactly are beneficiaries of the trust, which Wisan said would be up to the court to decide.
"The court is going to have to decide that and that's a tough legal issue," he said.