Show IK 1 r X ! u o'(J BY 4TH DISTRICT JUDGE Judge Don V Tibbs allegations of Judge Don V Tilths wnst loan’d the alleged bins and prejudice which had been charged against him by Sevier County Sherd John Mcacham Sheriff Mcacham had filed an Alfidavit alleging that ‘‘District Court Judge Don V Tibbs has a bias or prejudice regarding stops of motor vehicles by the Sevier County Law enforcement officers where for assignment to a district judge to make the decision whether or not Judge Tibbs was biased and prejudiced as charged in the affidavit Hearing the matter was Fourth Judicial District Court Boyd L Park His rulings in the cases being debated were as follows: substances are found controlled subsequent to such stop and that a before fair hearing is impossible such judge” Judge Tibbs questioned the sufficiency of the allegations and leged that the affidavit was not made in good faith and that it is without legal basis The matter was then referred to office the Court Administrator’s of In the case the State of Utah v Trent Taylor and Troy Taylor (1124) Judge Tibbs ruled that although there were three findings in the case which were not propthe erly articulated in addressing case there appeared factual information sufficient to substantiate the findings “The Court believes a more appropriate proceeding by the Sevier County Attorney would be an interlocutory This appeal Court cannot find nor conclude there was bias or prejudice on the part of Judge Tibbs in the case BOYD PARKS cleared of prejudice-bia- s 2 hu Tenure hearing concerning releasing one 1988 Chevrolet Pickup and $1137658 The affidavit of Sheriff Meacham makes general reference to the outcome of this matter and his perception of the evidence This is not sufficient for the Court to determine any bias or prejudice and no bias or prejudice is found on the part of Judge Tibbs 3 Slate of Utah v Orozco and Godina hearing in (Suppression which Judge Tibbs ordered the evidence suppressed) Judge Tibbs makes finding from the bench which the Stale apparently takes exception to The State believing the findings are inaccurate should have Howtaken the matter on appeal ever Judge Tibbs does make certain statements as: “Yes I’ll be glad to make them In fact I’d like to Let’s do it because I wish it would go upI’d just as well be blunt That’s the way I personally fcel””It is offensive to me to have to make such a decision especially when I am advised there were drugs a substantial quantity of drugs in the vehicle But I have to weigh this against the rights of the individual against the rights of the State and under those circumstances I keep thinking of how many other people are being stopped on the highway and their vehicles searched that we never hear about And I think that if an officer is going to stop a vehicle for drunk driving he better check it out and make sure its not drunk drivers” Judge Park ruled that “This court on the part of senses frustration Judge Tibbs regarding police pro cedures existing laws of search and seizure and actual guilt of the dclcndanis his is a irustralion shared by many judges and law enforcement people This court cannot find that this frustration rises to the level of prejudice” 4 State v Alfred Joseph Ahee and State v Douglas Alan Ahee Judge Tibbs became offended when Officer Barney left the proceedings and said: “Now all right I’ve heard enough I’m offended and let this go on record”Sheriff I want you’re sitting back there you to notice I am offended” On being questioned Judge Tibbs “the finding is that the responded: officer at the point of the stop when those lights wait on and when the signal lights went off this officer had no more right to stop that car and at that time he should have just waived them on and let them go on their way” “But the next step I find so offensive to me is that he stops the car he allegedly smelled some And I assume that that marijuana is so although I am having difficulty even believing now that he smelled anything There is no evidence of any marijuana to smell except that which was well packaged And this Court is not naive The purpose of packaging is to stop the smell and there’s no evidence before that there was any packaging open in order for the smell to escape” The judge continued that the officer had asked the man for permission to search his car - the man continue on page 2 W i 4 v $ ‘'I s a$"' I 1 i ' f j - RESIDENTS WERE HONORED: At the football game held at Snow College Marilyn Hatch and Blake Donaldson were honored with the Presidential Citations Pictured are Marilyn Hatch Gerald Day and Blake Donaldson Two Gunnison residents were honored over the weekend as recipients of the Snow College Presidential Service Citations Blake C Donaldson and Marilyn Hatch were guests of Snow College President Gerald Day Saturday as they were recognized prior to the Badger’s football game against Both Hatch and Eastern Arizona Donaldson were recognized for their numerous years of service to the is hours of her own time working to clean up and improve the way the city looks She is not only responsible for the planting of numerous trees and flowers in Gunnison but she also raised a lot of the money to help pay for the Hatch organized a garprojects den club in Gunnison and a contest for residents to compete for the best yard and new plantings Hatch is responsible for a cleanup campaign in Gunnison and helped citizens remove old cars from their property When asked why she has on Auditions for the annual Nutcracker Performance for 1990 will be held on Friday October 12 1990 at the Manti High School Auditorium Auditions schedule will be held in the following arrangement: Friday October 12 1:00 pm CLARA and party girls 2:00 pm FRITZ and party boys 2:30 pm call backs for Fritz and Clara and 5:00 pm SOLOparty children and IST 6:30 pm CAVALIERS at 7:00 pm call backs for all page 10 malefemale leads Saturday October BON’s BON (32) LAMBS (6) 10:00 8:00 am 9:00 am am SPAN 13 pm call soldiers backs for all in the auditions do Participants not need to be students of the Central Utah Ballet school Adults wishin dance or any ing to participate other way need not audition but male arrangements directly with Nanette Watson at Rehearsals will begin on October 15 For more information or any questions please contact Vivian Kosan Bagnall in Manti or Diane Dyrcng in Gunnison Arts Council presents Loren Kahn Puppets MONDAY OQT 15 7:30 Loren Kahn began her career in puppetry in 1973 at the age of 25 Having taught elementary school and done graduate work in anthropology puppet theatre was an unknown and intriguing venture In the last 17 years Kahn has a solo been a street performer a member of touring company several puppet theatre companies and director an artist in residence of her own permanent 30 scat puppet New in Albuquerque theatre to tour She continues Mexico extensively throughout the Southwest particularly to places where live theatre is an infrequent occurrence The Loren Kahn Puppet Theatre presents “You Can Lead a pm GVHS Water If you’ve got a Horse” A collection of puppet vignettes and short plays for adults and children Experience the wonder of emotion brought to life by characters such as a venerable Jewish a medieval RaconGrandmother teur and the bag show a walking puppet stage in the turkish style The puppet theatre is well known for its lively portrayals of emotion imagination spirit and wit will An evening performance be held on Monday October 15 at the Gunnison Valley High School beginning at 730 pm This pupby the pet theatre is sponsored Gunnison Valley Arts Council The cost of tickets are $4 CO for Adults and $200 for children Horse to school A Nighttime welding class will be held at Gunnison Valley High School in cooperation with the community Education Classes It is a beginning and Advanced welding class Sign ups will be held this week contact Patrick Beres at Gunnison Valley High School Persons with little or no welding experience are welcome those who want to do welding projects are also invited Cost for the class is $4000 Class will be held one night a week from 7:00 to 10:00 for 18 weeks The night will be selected by signee For more information contact the Patrick Beres at or Fridav Forum 11:00 am ISH CHOCOLATE CHINESE TEA (8) 12:00 SOLDIERS (24) 1:30 pm MICE (16) and 2:30 mice and offered at High countless continued Saturday Service Welding Class President Day honors two Gunnison residents Auditions for Nutcracker performance to be held AMM r iy ' community in a large Hatch is responsible part for the way that Gunnison looks Chairman As Beautification for Gunnison Marilyn Hatch has spent Pickett is pictured on the new water line NEW WATER LINE FOR RESIDENTS: Mark The line was needed in Gunnison that will be connected on Tuesday to some residents to that point that it of lot it a had repairs on the line and was commented Mark Pickett couldn't be repaired much more n vV 0 1 A Randy Clark Instructor at the will be Gunnison LDS Seminary the speaker of Friday Forum on October 12 1990 at 12:30 pm at the Ephraim LDS Institute of Religion The title of his talk will be The “Finding Life’s Purpose” public is invited to attend Cub Scout Pow Wow is planned District Cub Scout Sanpete Leaders Pow Wow will be held on October 13 1990 at Ephraim 1st and 5th Ward Chapel 10 South Main Street Ephraim Starting time is 8:00 am and will iunto4:00 pm Lunch will be is requested served Please call LuAnn Sorenson at All Leaders and advisors are asked to attend Tournament will be held Sno Cap Lanes A “No Tap” tournament will be held at the Snow Cap Lanes In this “No Tap” tournament anything nine or above is considered a strike This tournament is a benefit to help purchase light weight bowling balls to help in teaching children how to bowl It will be held on Saturday October 13 at the Snow Cap Lanes in Ephraim from 3:00 pm to 7:00 All ages are invited to attend The cost will $480 to bowl with $200 will go to prize money and $120 for bowling ball donation Come out and bowl pm |