10th Circuit Court makes first visit to Logan
The United States Court of Appeals for the Tenth Circuit came to Utah State University on Tuesday, Oct. 22 to hear federal cases at the Russell/Wanlass Performance Hall.
“We don’t typically leave Denver,” Chief Judge Timothy Tymkovich said. He added that, while USU does not have a law school, he knows there is a significant student population interested in law and policy, law enforcement and federal careers.
Tymkovich also addressed why the Tenth Circuit chose USU.
“I was in southern Utah with Judge Shelby, and he said the circuit court had never been outside of Salt Lake. He asked if I would consider coming to USU,” he said.
Judge Robert J. Shelby is the chief judge of the United States District Court for the District of Utah. He is also a USU graduate.
Case 1: Hamilton v. CIR
The first case for the morning revolved around a couple’s attempt to include “cancellation of indebtedness” in their tax returns. The couple, Mr. & Mrs. Hamilton, had a $300,000 asset that they transferred into their son’s bank account.
However, Mrs. Hamilton still had access to the money, and it was being used to pay the couple’s household bills. The lawyer for the Hamiltons held that the money was put into the son’s account to save Mr. Hamilton from erratic spending habits, and the son could cut off the Hamiltons from the account any time.
The lawyer for the IRS held the son provided access to Mrs. Hamilton and looked away. Therefore, he was a mere account holder, and his parents are responsible for the $300,000.
Case 2: United States v. Rodriquez
The second case involves a Colorado resident named Daniel Rodriquez, who was sentenced to 51 months, or around four years, in prison after being convicted of a felony.
Rodriquez said he was charged with a Grade B violation for possession of cocaine when he should have only been charged with a Grade C violation for use of cocaine. Grade B is a longer prison sentence.
Rodriquez’s lawyer said Rodriquez was using the drug, is therefore no longer in possession of it and was a threat only to himself. The federal lawyer argued Rodriquez admitted to possession, and his criminal history was egregious enough to make his sentence longer than one year.
Case 3: Payan v. United Parcel Service
The third case is about a Utah man who filed a lawsuit against his employer, UPS, for racial discrimination and retaliation. According to court records, Charles Payan was disciplined by human resources for telling other employees to change work times on their timecards.
Payan’s lawyer said the penalty was too harsh. Another employee violated the same company policy but was not disciplined. The counsel for UPS countered by saying Payan received a mild consequence for such a severe infraction and Payan tried to influence witnesses during the trial.
Case 4: Scott v. WinGate Wilderness Therapy
For the final case, Logan attorney John D. Luthy represented Jacob M. Scott. Scott was 17 when he attended WinGate Wilderness Therapy in Kanab, Utah. During his treatment, he went on a hike where he fell 25 feet and shattered his knee.
WinGate said they are not responsible for his healthcare costs because wilderness therapy is not healthcare. Luthy said WinGate is a healthcare provider for the purposes of this case and were negligent in how they handled Scott’s care.
Nathan Crane, WinGate’s lawyer, said they were not negligent because Scott’s therapist told him to get out and exercise in the wilderness, and WinGate gets to decide which exercises are considered “healthcare.”
After the last case, the judges held a Q&A with the audience, which included students from several of the high schools.
One of the students asked the judges about any reforms they would like to see in the judicial system. Tymkovich said, “America does a lot right, and other countries are trying to emulate our system.” Matheson said the language in the constitution is a good place to start, and the constitution is “a work in progress since the beginning.”
The Supreme Court only rules on 100 to 150 cases per year. As a result, most of the cases decided by the Tenth Circuit will set precedent for other cases.
In a few months, the court will hand down the decisions from the cases they heard at USU.
Full audio is available for the cases online at https://www.ca10.uscourts.gov/.
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