If it's true that a talent wasted is a talent lost, one former Utah State Prison inmate is in no danger of losing his gift for causing trouble.
Whatever other gifts he may have squandered, David R. Jolivet has not allowed his talent for conflict to dwindle from disuse.This week, Jolivet got the Utah attorney general's office in trouble with a federal magistrate, leaving the office vulnerable to a contempt citation from a federal judge.
In an order released Monday, U.S. Magistrate Ronald Boyce accused the Utah attorney general's office of "unprofessional conduct" and "poor management." He warned the staff that if they did not mend their ways, he would refer the office to U.S. District Court to be cited for contempt of court.
"I'm shocked that (Boyce) would say that," said Assistant Utah Attorney General Kirk Torgensen after learning of the order. "The Utah Attorney General's office did nothing wrong."
But Jolivet will likely be pleased. He prompted Boyce's order when he successfully convinced the magistrate that the attorney general's office continues to send legal documents to Jolivet at the Utah State Prison instead of Jolivet's current address: the federal prison at Lompoc, Calif.
Jolivet started a small riot at the Utah State Prison on Dec. 28, 1989. Jolivet's explosion of rage left one room trashed and prompted other prisoners to start breaking telephones and windows. SWAT officers subdued Jolivet and squelched the small riot minutes after it started.
But things Jolivet said during his taped outburst prompted Corrections Director Gary DeLand to call for an investigation of Michelle Parish, director of the Utah Chapter of the American Civil Liberties Union.
Jolivet also filed a fistful of lawsuits against various state officials during his stay in Utah. Six of those lawsuits are still pending, Torgensen said.
Jolivet has since been transferred to a California federal prison to serve out the remainder of five prison terms. But he still stirs trouble in Utah.
"This guy is a real work of art," Togensen said. Torgensen's staff has learned to be doubly careful when they deal with Jolivet, he said.
The latest furor arose when a new secretary in Torgensen's office inadvertently sent a legal document for Jolivet to Draper instead of Lompoc, Torgensen said.
Jolivet claimed that erroneous mailing impaired his ability to competently pursue his lawsuit.
Jolivet is wrong, Torgensen said. Torgensen personally handed Jolivet a copy of that same document during an earlier visit to Lompoc.
Boyce earlier ordered the attorney general's office to stop mailing Jolivet's documents to the state prison. In Friday's order, Boyce noted, "This conduct has been repeated in spite of express directions from this court that mailing of papers shall be direct to plaintiff at the institution of Lompoc."
Jolivet is serving five prison sentences for aggravated kidnapping, aggravated sexual assault, rape, aggravated robbery and forcible sodomy.