Thursday, May 29, 2008

FLDS Child Abuse Cases: Friend of the Court Filings and Supreme Court Opinion

Friend of the Court (Amicus Curiae) filings:

ACLU - filed May 29, 2008 (in favor of 3d Court of Appeals opinion)

Attorney Barbara J. Elias-Perciful (against 3d Court of Appeals opinion)

Then, filed on the same day:

Response to the Petition for Writ of Mandamus by the Relator-Mothers

Supreme Court opinion - State's petition for writ of mandamus is denied, but the opinion notes,

"While the district court must vacate the current temporary custody orders as directed by the court of appeals, it need not do so without granting other appropriate relief to protect the children, as the mothers involved in this proceeding concede in response to the Department’s motion for emergency relief. The court of appeals’ decision does not conclude the SAPCR proceedings.

"Although the SAPCRs involve important, fundamental issues concerning parental rights and the State’s interest in protecting children, it is premature for us to address those issues."