Despite her objections, Salt Lake County Mayor Nancy Workman will have a preliminary hearing Oct. 4.
A newly appointed special prosecutor will not permit the mayor to waive her right to the hearing, even though such hearings were conceived for the benefit of defendants, not prosecutors.
Preliminary hearings serve largely as a forum for prosecutors to present evidence to convince a judge a trial should proceed.
Workman wanted to skip the hearing and head directly to trial so her case of alleged misuse of public money could be decided before the Nov. 2 general election.
Earlier Tuesday, special prosecutor Michael Martinez said he would not object to Workman waiving her right to a preliminary hearing. But he reversed his position in court Tuesday afternoon.
Workman attorney Greg Skordas objected to having a special prosecutor and asked the court to let Workman waive her right to a preliminary hearing. That was denied by 3rd District Judge Robert Hilder.
Hilder, however, closely questioned lawyers for both sides and, after hearing a brisk give-and-take, had them leave court for about 45 minutes to confer about possible preliminary hearing dates. All parties agreed on Oct. 4.
At one point, Martinez suggested it's possible that if Workman's side apologized for its recent political television advertising that intimates Salt Lake County District Attorney David Yocom charged Workman for partisan reasons, someone from that office could handle the case faster.
"You're telling me we're having trouble scheduling a preliminary hearing because the DA wants an apology?" Hilder asked.
Martinez quickly retreated, saying, "I will work with them as much as I can."
Martinez also asked the judge for a gag order, which was denied.
Outside the courtroom, Workman made brief remarks to reporters.
"I think the judge is doing what he can and these guys (her lawyers) are working like crazy to get things done," she said. "I'm still hopeful we can get this done (before the election). I think the citizens need to know what's going on."
Yocom had announced Martinez's appointment Tuesday morning at a press conference, at which Martinez said he saw no need to try the case before Election Day.
"I don't see that this case is that big of a deal . . . ," said Martinez, a former prosecutor, former Deseret Morning News columnist and community activist who is currently in private practice. "It's just like any other felony case."
As a newspaper columnist, Martinez has expressed opinions that have been less than flattering to Workman.
In a Jan. 20, 2003, column, Martinez ridiculed Workman (whom he referred to as "Fancy Nancy") for installing lights and sirens on her county vehicle.
On June 24, 2002, Martinez wrote about a move by Workman to increase voluntarism by county workers, not on their own time but as part of their workday. "Someone should inform her that a volunteer is an unpaid helper. Someone should infuse the mayor with a little community spirit," Martinez wrote.
After saying last week he would appoint a special prosecutor only if the defense requested it, Yocom said Tuesday he changed his mind after Workman launched her ad suggesting she is being prosecuted for political reasons. Yocom also said his decision was fueled by Workman hiring Skordas, who is Yocom's former chief deputy.
"The public must be assured that the representation of the people in this case (will) be done without any taint of an unfair advantage or the inference that it is being done for political reasons," Yocom said Tuesday.
Martinez called Workman's attempt to have the case concluded before Nov. 2 "arrogant," given that other defendants are in jail waiting for their day in court.
Martinez will be paid $150 an hour in taxpayer dollars for his services. The county will pay for other staffers' time and expenses as needed. Yocom said the final bill could run into tens of thousands of dollars.
Workman is charged with two counts of misuse of public monies, one a second-degree felony and the other a third-degree felony, in connection with funds taken from the county's health department and used for the South Valley Boys and Girls Club, where Workman's daughter is employed.
E-mail: lindat@desnews.com; aedwards@desnews.com