Dee Benson
Dee Vance Benson was an Article III federal judge on the United States District Court of Utah. He joined the court in 1991 after being nominated by President [[Federal judges nominated by George H.W. Bush|George H.W. Bush] (R). Benson assumed senior status on January 1, 2014. His service ended on November 30, 2020, when he died from complications of brain cancer.[1]
Benson was a U.S. attorney for the District of Utah from 1989 to 1991.[2]
Education
A native of Utah, Benson graduated from Brigham Young University in Provo, Utah with both his bachelor's degree in 1973 and his J.D. degree in 1976.[2]
Professional career
- 1989-1991: U.S. attorney, District of Utah
- 1988-1989: Associate deputy attorney general, United States Department of Justice
- 1987: Counsel, Iran-Contra Congressional Investigating Committee
- 1986-1988: Chief of staff, U.S. Sen. Orrin Hatch, Utah
- 1984-1986: Counsel, U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution
- 1976-1984: Private practice, Salt Lake City, Utah[2]
Judicial nominations and appointments
District of Utah
On the recommendation of Senator Orrin Hatch (R), Benson was nominated by President George H.W. Bush (R) on May 16, 1991, to a new seat judgeship created by 104 Stat. 5089. Benson was confirmed by the Senate on September 12, 1991, on a Senate vote and received commission on September 16, 1991. Benson served as the chief judge of the court from 1999 to 2006. On January 1, 2014, Benson assumed senior status after 22 years on the bench. His service ended on November 30, 2020, when he died from complications due to brain cancer.[2][1]
Noteworthy cases
FLDS property trust case (2011)
In 2005 the State of Utah took control of the FLDS Church’s United Effort Plan Trust because of allegations of mismanagement by sect leader Warren Jeffs. In February 2011, Judge Benson ruled that the State’s takeover was unconstitutional, and violated the group’s First Amendment rights to practice their religion. Benson’s decision on April 8 gave back temporary control to the FLDS Church.[3]
His decision made it the first time since 2005 that the polygamous sect would control the $110 million trust that holds most of the land, homes, and businesses in Colorado City, Arizona and Hilldale, Utah, as well as some Canadian properties.[3]
Third District Judge Denise Lindberg issued an order saying the state would maintain control over the trust, and ordered Bruce Wisan, the man overseeing the trust for the state to resist the federal order. Lindberg told the federal court that returning the control back to the church would “cause irreparable harm to those who, directly or indirectly, have relied on the decisions of the state court over the nearly six years that Judge Lindberg has overseen the trust at issue.”[3]
As a result, Judge Benson ordered Judge Lindberg to appear in his courtroom on April 15, 2011. He wanted an explanation of her decision admonishing the trust administrator of the FLDS to not comply with Benson's federal order giving the group temporary control of a property trust.[3]
Judge Lindberg refused, leading Judge Benson to threaten to use the U.S. Marshals to haul her into his courtroom.[4]
See also
- United States District Court for the District of Utah
- United States Court of Appeals for the 10th Circuit
External links
Footnotes
- ↑ 1.0 1.1 The Salt Lake Tribune, "U.S. District Judge Dee Benson dies at age 72 from brain cancer," November 30, 2020
- ↑ 2.0 2.1 2.2 2.3 Judge Benson Biography at the Federal Judicial Center
- ↑ 3.0 3.1 3.2 3.3 Salt Lake City Examiner, "Federal judge orders Utah judge to appear in court," April 15, 2011
- ↑ Newport Television LLC, "UPDATE: In the battle of the judges, score one for Judge Lindberg," April 16, 2011
| Political offices | ||
|---|---|---|
| Preceded by: NA-New Seat 104 Stat. 5089 |
District of Utah 1991–2014 Seat #5 |
Succeeded by: Jill Parrish
|
| |||
|---|---|---|---|
| Active judges |
Chief Judge: Robert Shelby • Jill Parrish • Howard Nielson • David Barlow • Ann Marie McIff Allen | ||
| Senior judges |
Tena Campbell • David Sam • Dale Kimball • Brian Stewart (Utah) • Clark Waddoups • David Nuffer • | ||
| Magistrate judges | Dustin B. Pead • Cecelia Romero • Paul Kohler • Daphne Oberg • Jared Bennett • | ||
| Former Article III judges |
Bruce Jenkins • Dee Benson • John Augustine Marshall • Tillman Davis Johnson • Aldon Anderson • Paul Cassell • Albert Christensen • Willis Ritter • David Winder • | ||
| Former Chief judges |
Tena Campbell • Bruce Jenkins • David Sam • Dee Benson • Aldon Anderson • Willis Ritter • David Winder • | ||
