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Show B7 Friday, November 14, 2003 The Salt Lake Tribune UTAH de de - | State wants Workers Compdispute out ofthe courts ‘evi Tea) WCF and thestate have each spent hundredsof thousands ofdollars hiring then-Gov. Mike Leavittandapartnerin in an interview. “The lawsuit holders and have sued thestate, asking t th scuttled when Dane Leavitt, brother of officials say the fund belongs to policy- said Assistant Attorney General Phil Privatization issue: But WCF attorneys Say the argument Over 5/4 nistrict Judge Timothy Hanson to. will be expensive and troublesomefor the family insurance business, sug- expert legal and financial advisers. ser the ownership Is Tipe for is< settlement by a lawsuit declare that Utah has no ownership gested $50 million was too low. i everyone involved.” Ironically, WCF at the behestof the : Utah’s five elected branch officials state paid Suitter Axland last year to WCF provides on-the-job injury inrights to the agency other than as its suranceforemployees ofabout 30,000 now contendthat not only does the state advise state officials on privatization. largest policyholder. They say they can’t go forward with their two-year bid to privatize withouta By KirsTEN STEWART TheSaltLake Tribune sation Fundis a political question and legal ruling on the ownership issue. A hearing date will be set when anticipated cross motions for summary judgmentare filed. So argue private attorneys hired by Utah Attorney General Mark Shurtleff hired attorneys with the Salt Lake City law firm Suitter Axland argue it doesn’t Debate over whether taxpayers have any claim to Utah’s Workers Compen- notfor the courts to decide. In a brief filed Wednesday, state- market: Theagency in recent years has been steadily.distancing itself from havean interest in the fund, it could claim to own all its assets. That stand, say WCF attorneys, is proof of the need for judicial Even though claims made in the Suitter Axland report on privatization state co lation to severits last tie: the governor’s intervention. “WCFbelieves its assets are owned power to appoint its board of directors. by its policyholders. The state appar- the lawsuit, Shurtleff said he hired the firm because ofits familiarity with the case. The privatization plan appeared to be nearing passage last winter in the ently believes it owns the assets,” said WCF’s attorney David Jordan. Utah companies, including many who can’t obtain coverage in the private ‘and nowis pushinglegis- to defend the state’s claim tothe insurer make sense to rule on the ownership is- Legislature when WCFofficials agreed “That's the kind of fundamental dis- and its more than $820 million in assets. Workers Compensation Fund (WCF) sue until there is a change in ownership. “The issue is not ripe for decision,” to pay the state $50 million for its share agreementthat presents a ripe issue for the courts.” of the fund. But the settlement was may run counterto the state’s defense in The report was based on information _,, a Suitter Axland by WCF aaeurtleff. “We're finding some of ~ careanh eeRitter kstewart@sltrib.com Utah legislator out to clarify legal definition ofmarriage iJ Stricter law: Sen. Chris _—countries. performed in other states using Buttars figures he will clear unnecessary, mean-spirited and, vention approach.” th Buttars wants the state to reject same-sex Marriages recorded out ofstate “Marriage is between one man and one woman.That’s the only definition that Utahis going to accept,” Buttars said. “I consider anything outside of that a It’s unnatural, perversion. unnormal.” Utah licenses. Utah lawmakers routinely tinker with marriage statutes or link other lawstomatrimony.In 1992, legislators raised the age of marriage to 16;ajudge’s permission is required for younger up any ambiguity in Utah’s law. Besides prohibiting recognition of same-sex marriages performed elsewhere, Buttars’ bill would block the state from granting divorces to couples with such contracts. The State Judiciary Interim Committee approved McGee’s legislation at a meeting in September. Sen. Gene Davis, D-Salt Lake City, wants to clear up confusion about marriages performed in Buttars is not the first Utah legislator to take on duties of children to marry. Three years later, lawmakers prohibited same-sex unions. In 1999, they Darin Hobbs,finance and operations manager for the Gay ultimately, untenable.” Buttars, meanwhile, insists hisbill is equally problematicfor polygamists. “If marriage is between one man and one woman, it’s not between one man and a bunch of women,” hesaid. By REBECCA WALSH The Salt Lake Tribune Just in case state lawmakers’ traditional definitions of mar- riage weren’tclearenoughinthe past, Sen. Chris Buttars is trying again. Worried aboutaU.S.Supreme Court ruling abolishing sodomy laws and what he considers a gradual move toward acceptance of gay rights, the West Jordan Republican asked state attorneys to draft legislation to stop the .| state from recognizing same-sex marriages and civil unions recorded in other states or writing legal definitions of marriage. He is just the latest. And his draft—modeledonasimilar law upheld by Georgia’s Supreme Court — is one of several measures dealing with marriage that lawmakers mayconsider in the 2004 Legislature. Another proposed law would give couples whogo to marriage preparation classes a break on marriagelicense fees. And a third would clear up questions marriages about scrapped plans to require couples to watch a premarital video. Three years ago, the Legislature stopped unmarried couples from adopting children. Single parents still can adopt. “We not only ask for the same Hatch, a Panguitch Republican, the Federal Marriage Amendment, which would block states from extending marital status to privileges and rights [of heterosexual couples], but we will accept the responsibilities, personal and social, as well. This change in language to already unmarried couples. questionable last year, proposed a resolution backing couples who do marry to know whatthey’reinfor.TheSaltLake City Democrat has proposed legislation that would give couples whotake a premarital class $20 off the $50 marriagelicense fee. “Utah is spending millions and millions in state and federal dollars to try to remedy the consequences of divorce,” McGee and Lesbian Community Center of Utah, says Buttars’ attemptto reinforce previous legislative definitions is overkill. “The fact is, same-sex couples already exist and are incommitted relationships,” Hobbssaid. Sen. Tom And Rep. Roz McGee wants Utah marriages, such recording throwing the marriage into question. Somestates prohibit couples from taking licenses for ceremo- said. “We only haveto look at nies acrossstatelines. Davisstill is considering how to clean up the discrepancy. “Tt’s a valid marriage license. It is signed. The couple appeared child-support costs to see it makes sense to try a different before the clerk,” Davis said. “It’s alla bookkeepingissue.” approach, is legislation other states using Utah licenses. Workersat the state Office of Vital Statistics have balked at a walsh@sltrib.com pre- front-end, Prominentlawyers */ Woman claimingbias Patriot Act is endlonglegalfeud Y : 5 the bogeyman sientthehattoon esig at Nevada rally years over fees from breast- drops suit against club A woman whofiled a lawsuit accusing Hidden Valley husband. Country Club in Sandy ofre- represented the club, said his client “clearly had nondiscriminatory reasons for denying her application.” The club had used an appli- fusing her a membership be- cause of her race dropped her case before a judge could rule on the club’s request to have the lawsuit tossed outof court. Attorney Glenn Hanni, who ft ; Jor Cavaretta/The Associated Press that, Hanni said. “In these times, you don’t accused the club of violating ask those kinds of things,” he rights. state civil rights laws by denying a membership application from her company,Cielo Technologies. The club had claimed it denied her application based said. Attorney Mary Woodhead, who represented Santilli, was not immediately available for comment. — Elizabeth Neff “Day by day, we’re finding more about how this can be abused,’ American Civil Liberties Association of Nevada lawyerAllen Lichtenstein about her wasn t SUSPICIOUS, autopsy next Utah’s law school, and lawyer im The Associated Press Guatemalan native Vivian Santilli, of Salt Lake City, had Investigators saybaby’s death ’ ea P' By KEN RITTER cation that asked for information about an applicant’s parents, but has since dropped information the matter outof court. Wallace Bennett, former associate dean at the University of The case was closed last week. on implant litigation have settled LAS VEGAS — A broad spectrum ofactivists rallied in Nevada on Thursday for a campaign to repeal the USA Patriot Act, citing what they said Allen Lichtenstein of the ACLU, holding a copyof his statement, speaks Thursdayat the Lloyd George Federal Courthouse in Las Vegas. The case was dismissed last were federal threats to cherished American said in introducing “The Nevada Campaign to “Dude, Where’s MyBill of Rights?” About25 rallied simultaneously on the steps of the federal courthouse in downtown Las Vegas and a smaller group gathered at the Elko County Courthouse. Organizers said they want Nevada cities and Defeat the Patriot Act.” In Reno, Joe Edson of the Progressive Leadership Alliance of Nevada, called the measure ‘‘an assault on our liberty in the nameofa false sense of security.” counties to join three states — Hawaii, Alaska and Vermont — and 210 communities that since January 2002 have passed resolutions calling for the act to be repealed. It expires in 2005, but Con- federal courthouse, waving American and Ne- gress is considering extending it. Justice Department spokeswoman Monica vada flags and signs that read “Don’t Tread on Me,” “Patriot Act Attacks Free Speech,” and Goodling defended the Patriot Actas “invaluable to defending Americafrom terrorist attacks. About50 people turned out at noon at the Reno had alleged a $5,000 check DeBry gave him cheated Bennett out of his share of several million dollars in legal fees gathered in hundredsof cases. Elizabeth Neff The Salt Lake County Sher- licensed by the state Depart- ment of Health as a day care Ai nesd: ae a.m., sheriff's Panago use Hoensed ‘tay indicted: Healso faces counts of is in the United Statesillegally and will be de- Later that day, Diaz-Juarez wrote checks ‘sc ef ',.; (4 deputies and paramedics were canal to a homeat 7181 S. 2220 East, where the 5-month-old baby girl was being watched by care providers because the are Pett for safety and id caretakers have passed criminal backgroundchecks. . bank fraud and possession ofa fake immigration document ported to Mexicoif he is convicted. The U.S. attorney for Utah, Paul Warner, emphasized that the arson was not a hate crime, but said any offense that involves a for $500 and $700, forged signatures on them and used them to pay a loan and makea purchase at a market, the indictmentclaims. The penalties for the charges are a mini- religious center raises concerns. mumof5 years and a maximum of20 yearsin “It’s an important case because churches are special places,” Warnersaid Thursdayat a news conference to announcethe indictment. “Any church or synagogueis a special place.” The indictment alleges that Diaz-Juarez broke into a ward house of The Church of Jesus Christ of Latter-day Saints at 5133 S. prison, plus a $250,000 fine, for arson; up to 30 years of incarceration and a fine of $1 million for each count of bank fraud; and up to 10 years in prison and a $250,000 fine for possession of a fake immigration document. cies that investigated the incident included the Salt Lake CountySheriff's Office, the Salt Heath Ave. in Kearns during the early morning of Aug. 2 and took blank checks of the Western Hills LDS Ist Ward, and started Lake City Fire Department, the Salt Lake County Fire Department, the Salt Lake County Attorney's Office, the Bureau of Im- a fire. A passer-by saw the blaze about5a.m.and migration and Customs Enforcementandthe Bureau of Alcohol, Tobacco, Firearms and H | i, : +n F anotherfamily. The department encourages The departmentis waiting Theinfant was taken to Alta fora report to determine if the | yall hes y View Hospital and pronounced dead. An autopsy, including a toxicology report that can take license, which is required for } up to a week, will be conducted care of five or more children, according to Joel Hoffman, a 43 to determine what caused the program manager for the de- homeowner needed a day care ; chased the silicone implants, In a 8rd District lawsuit, Bennett iff's Office initially has found M a week. The two attorneys partnered in 1992 to pursue a class action lawsuit charging Dow Corning with violating an implied warranty of safety extended to women whose physicians pur- Ca “7 nothing suspicious surround facility, sad Janaspokeswoman. Kettering a ‘4 ing the death of an infant Wed- department . Robert DeBry have reached a confidential agreementin a lawsuit brought by Bennett, said DeBry attorney Andy Stone. IMLEXICAN National Charged in al By PAMELA MANSON The Salt Lake Tribune A federal grand jury has indicted a Mexican national on charges that he stole blank checks from an LDS ward house in Kearns ‘uq¢ baby to die, Deputy Peggy partment’s Bureau of Licens- ts ia a oe Faulknersaid. Faulkner said the infant was being “baby-sat” and wasn’t sure how many addi- : Tae hasn’t been told theidentity of the family but said records show noprevious last summer and set the building onfire, causing $1.3 million in damage. In an indictment handed up late Wednesday, Angel Diaz-Juarez of Salt Lake County is charged with arson, twocounts of bank fraud possession of a counterfeit immigration try ar tional children were be watched in the home. om complaints of an unlicensed day a at the home. jocument. — Authorities said Diaz-Juarez, 35, who also til} Flu seasonoffto an early start this year {r i" Hie Ne Abo ‘ fhe his ‘oq : The homeowner wasn’t The number of flu cases along the Wasatch Front continues to rise, with more people becoming sick earlier than in previous seasons. As of Wednesday, 86 influenza cases were reported to the Utah Department of Health, and the inflicted range in age from 1 month to 86 years. The majority — 66 percent — are underage 5, and 18 people have been hospitalized. — Jacob Santini Cases have been reported in Salt Lake, Summit, Wasatch and Utah counties. Utah’s flu season generally runs from November through March, with most cases occur- ring in January and February. During last year’s season, cases weren’t reported until mid-December, and the total case count was 353. Health officials encourage people to become vaccinated. goes by the nameSergio Daniel Juarez-Labra, Women helped turn would haveclosed their doors. Olive O’Mara of Alpine said she had planned to become a nurse, “but they told me that whatI really wanted was to be an electrician’s mate.” Emergency Service), established by Congress in 1938 to “expedite the war effort by releasing officers and men for duty at sea.” 257-8782 a « + ward in KKearns Explosives. wonderful.” overseas. Bettina Black of Salt Lake City served in Washington as a Ogden resident Gloria Shipley said that when she processed soldiers returning from Vietnam at Fort Lewis, Wash., “I learned to appreciate life and my freedom.” Tonia B. Davis, who served in decoder. She added, tongue in cheek, that her immediate su- pervisor “only thought he was myboss.” She later married that supervisor, Wayne Black, who became a prominent Utah attor- ney. She was a longtime community activist and Democratic Party volunteer. “And yes, I love crossword puzzles,” added Black of her World War II decoding duties. Valentina Paddock of d The team oflocal, state and federal agen- ous groups of people. I also learned that these people are time in mylife to deal with vari- e Continued from Bl . LDS Taylorsville, who served as a Marine clerk typist during the Korean War, said her military service taught her to be on time. She added that she struggled rememberingthat her duties in the states were as important as those WAVE, shelearned “for thefirst tide ofwar fire at fir called 911. Eula Kimber said when she said O’Mara, a Navy WAVE (Women Accepted for Volunteer Have a problem with today’s content? Call our Reader Advocate Connie Coyne d left Grouse Creek to serve in New York and San Diego as a “You do learn to take orders,” #@*!@*%!! h California during the 1991 Gulf reserved for men, such asfiring Patriot missiles, piloting heli- copters and driving convoys close to enemypositions. About 35,000 women served in the first Gulf war, comprising more than 11 percent of the active duty military and 13 percent of the reserves. In Utah, more than 8,200 women are veterans, according to the 2000 Census. Rushton encouraged the 50 women attending the conference to record their military experi- ences. War, said she was grateful for Nurses may contact BYU to her Army career “because I was treated with respect.” become part of a project that is The 1991 war became the turning point for women in the military, according to the VA. For the first time, they were given tasks traditionally recording stories of nurses in combat situations. For more information, call Rushton at 801-422-5375 or e-mail patricia_rushton@byu.edu. dawn@sitrib.com ft |