PROVO — A 4th District Court judge has ruled that Tom Green is too poor to pay for his own attorney. But that doesn't mean taxpayers must pay for the self-described polygamist's hired legal gun.
Green, the father of 28 children who lives in marriage-like relationships with five women in a trailer park about 100 miles west of Delta, was given indigent status by the court last month.
Judge Guy R. Birmingham ruled that Green qualifies for a government-paid attorney to fight four third-degree felony bigamy counts, one third-degree charge of criminal non-support and a first-degree felony charge of rape of a child.
On its face, the ruling seems to favor Green, who would receive free legal counsel from an attorney who is paid with taxpayer money. But the state is not required to pay fees of attorneys retained by poverty-stricken clients.
If Green and his attorney, John Bucher, were to accept his indigent status, then Bucher would step aside and veteran public defender Milton Harmon would take over.
Harmon is paid $75,000 yearly by Juab County to handle the county's public defense work. He signed a contract in 1997 with the county to provide such legal services.
In other words, Green's attorney would be employed by the same county government that is prosecuting him.
Officials who forged the agreement acknowledged the "inherent conflicts" of Harmon's employment.
"A conflict arises when a public defender must seek payment for his services from the very entity which he opposes in court," according to the contract.
"The conflict heightens when the entity paying the bill has the ability to terminate the public defender when it feels it is paying too much money for his services."
Bucher said he will continue working on Green's defense, even though Green, who has pleaded not guilty to the charges, owes him more than $120,000 in legal fees.
The judge denied his request to force Juab County to pay for Green's outstanding legal bills except for about $4,400 that was paid to an investigator.
"He wants to pay me. He's talked about it, and I believe he'll make an effort to pay me," Bucher said. "But as a practical matter, I don't think I'll ever get paid."
The felony case of bigamy and criminal non-support, which will be tried at the same time because prosecutors say they are connected, was transferred Friday from Nephi to Provo's courthouse.
The move was made because a jury pool would be bigger, and the Juab County courthouse isn't large enough to handle the crowds expected for Green's trial, scheduled for May 14.
A trial date has not been set on the rape charge. Green is accused of having sex in 1986 with his present wife Linda Kunz when she was 13 years old.
E-mail: jeffh@desnews.com