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Show The Salt Lake Tribune UTAH P 26, 1998 TV Reporter Fights Commission Orderto Testify in Judicial Probe BYBRIAN MAFFLY THE SALT LAKE TRIBUNE A Salt LakeCity television news reporter is fighting a subpoena that demands her testimony against 3rd District Judge Leslie Lewisin a judicial conduct probe. A petition filed in 3rd District Court claims the Utah Judicial Conduct Commission has no authority to compel testimony about a July 14 i and the between KUTV reporter Kerry Bi judge Court papers do not identify Lewis or describe the phone conversation, but several people have confirmed that Lewis was angry about a story Birming- ham was preparing. That story involved molester Steven Flandro, whom Lewis placed on probation despite two prior convictions. After the Channel 2 reporter made a request for a transcript of Flandro's sentencing, Lewis called Birmingham. The judge purportedly threatened to have Birmingham arrested for contemptof court. Theincident was the latest in a string of alleged confrontations that raise questions about Lewis’ temperament. Lewis did not return a phonecall Friday. ition claims ]her role as aA news Birmingham's petition gatherershields her from divulging information she develops in the course of her employment. “My ability to secure the trust of sources and re- the judge,” Birmingham said in an affidavit. KUTV never aired the Flandro story and Birmingham filed no complaint with the conduct commission. Without a complaint, the conduct commission has no authority to probe “the incident,” much less subpoena witnesses, argues Bi 's lawyer, Jeff Hunt. Commission rules, however, may allow it to investigate judges, even if no “victim” chooses to formally Birmingham “did not volunteer information, but she did respond to some questions,” Hunt a accuse them. A complaintis “information in any form from any received by the commission that alleges. . according to commission rules. “If there is no written complaint from person, the executive director's written statement of the allegations constitutes the complaint.” Huntfurther claims that the 11-member judicial watchdog panel lost its subpoena power last July Court ruled that lawmakerson the panel violate the separation-of-powers doctrine. The conduct commission has the problem by excluding its four legislative memings, accordingto lawyer Fran bers from Wikstrom, who heads the commission. alleges she never intended to comi cial “She believed the judge had threatened her and asked in judiciary concerns about a ” Thompson said. “I told her the judge's to Utah Judicial Conduct Commission has such issues.” is has clashed with reporters before. In 1996 capital murder trial of Michael DeCorso, the judge got into a shouting match with Associated officials about her unwillingness to cooperate. Mo- from plain about the judge and repeatedly told judiciary Press Carter after he questioned an i pro- ceedings in Utah will be significantly if am compelled to testify about my conversation with pool of 124 He replaced Arthur K. MachenInstalled Pr U A S esl . Smith, who left in 1997 to become id ent quire additional resources.It will also president of the University of Hous- require prioritization of our goals and reallocation from within [the universi- ton. Higher education Commissioner Ce- @ Continued from B-1 ty] in order to succeed.” diverse opinions need to be aired.” Healso urged state leaders to make a greater commitment to higher edu- Michigan, where he served as provost, or second in command. He and his wife, Chris, a nurse and horse enthusiast, have three grown children. Machen arrived at the U. in January cation, “In the current campus climate, I sense some retreat from the pursuit of academic excellence,” he said. “We Heis a dentist who has a doctorate in educational psychology, and was picked to run the U.from an app!applicant Court Gives Activists a Victory “J don't know of a time in [the U.'s] i educa48-year history where higher tion will vice,” a then-new designation tailored for Anderson, who has yet to begin construc- tion of his RiverPark complex. . In one case, the developers are suing SOS members for allegedly inter- fering with their efforts to buy land along the Jordan River. SOSis trying to get that case dismissed while suing the city and developer on another matter. Foutz said he plans to help collect at least 1,200 signatures in an effort to put his zon- ing initiative on the ballot. If successful,it could undo the City Council's decision in In Friday's decision, the Supreme Court said only thatcity officials have no right to deny anyone an application fora ballotinitiative. Chandler said the city already has notified SOS members they can pick up the forms at City Hall. In his dissent, Howe noted the court al- ready had ruled in a separate case in 1954 that zoning changes cannot be undone at the ballot box. Because the case law is clear, Howe said, South Jordan had a right to stop SOS from engaging in the “timeconsuming, useless act of collecting signa- BACK-TO-SCHOOL MUSICAL INSTRUMENT RENTAL SPECIAL! Wonyfree. Carefree. Free as a bird. 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Live the LifeYou've Promised Yourself, Someday. aR ALE FURNITURE red pickup truck and who has the sophistication of being able to land a Nobel Prize laureate for the physics de- 1997 to rezone agricultural land on the Jor- city and developer Gerald Anderson and we Regents Chairman Charlie Johnson predicted Machen is headed for inter- of the South. The council zoned the land “‘office-ser- For SOS, it was thefirst legal victory ina webof litigation involving the group, the T U. to the for him,” dan's River's west bank at about 10600 @ Continued from B-1 his celia Foxley said at Friday's ceremony that Machen was chosen for his leader- i state with open arms. “| have enormous MrtsuBIsHI G100 - $99.95 INSTANT STORE REBATE - $50 ANALOG OR PCS PHONE TRADEIN - $30 9) 70th South 7th East. Open Mon.-Sat. 11-6 / 569-1155. |
