Warren Jeffs’ appeal to be heard at BYU
J. Reuben Clark Law School
I happened to notice a post on an FLDS blog, Sore Toes and a Bleeding Heart, that mentioned the upcoming appeal of FLDS Church leader Warren Jeff’s convictions as an accomplice to rape. This would merit little more than a brief mention were it not for the fact that the Utah Supreme Court will hear the case on November 4, 2009, at the J. Reuben Clark Law School of Brigham Young University.
It is actually quite common for the Utah Supreme Court to hear a case at a law school, although the circumstances surrounding this case are unusual. As the Deseret News observes, “The [Utah] Supreme Court routinely visits BYU and the University of Utah so students can see how the high court operates.” I think this is a great idea, and I wish more state appellate courts coordinated with law schools to provide such an experience to law students. Students could research the case for themselves as part of a writing class, for example, or conduct their own practice oral arguments. I had to wait until I was a law clerk before I got to work on an appeal, but I would have loved to have done similar work in law school. It would have been great practice for trial or appellate advocacy.
I should note that the Sore Toes blog author wasn’t too thrilled with the BYU Law School arrangement. She wondered if it could provide grounds for an appeal to the U.S. Supreme Court if the appeal is denied. It’s a valid question, if somewhat premature, but I think the answer is no. There is no sign that this case was specifically selected to be heard on BYU campus, and the location of oral arguments really doesn’t matter much in an appellate court’s decision. In fact, it’s arguable that oral arguments don’t matter much at all, since most cases are determined based on the filings of the parties.
This sounds incredibly cool; if I lived in Utah, I would definitely make an effort to attend this event. I can understand the FLDS objection to holding the oral arguments at BYU, but I doubt the venue will have any effect upon the justices’ thoughts. Kudos to BYU for being willing to host such a controversial case. BYU tends to steer clear of controversy in any form.
A bit slow, but thanks for the mention. My blog is not an “FLDS” blog, nor am I a member of the FLDS church/group/community. My primary subject matter is the 2008 raid on the YFZ ranch, its setup, execution, and fallout, but I do occasionally comment on other events. I am on the side that believes that raiding peoples’ homes and taking away their children based on anonymous hoax telephone calls is something that is to be avoided, if we are interested in upholding the constitutional rights of the populace.