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Judge orders legal fees paid to Utah newspaper that defended libel suit

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Judge orders legal fees paid to Utah newspaper that defended libel suit


SALT LAKE CITY — A businessman has been ordered to pay almost $400,000 to the weekly Utah newspaper he sued for libel.

It’s to cover the legal fees of the Millard County Chronicle Progress. In September, it became the first news outlet to successfully use a 2023 law meant to protect First Amendment activities.

The law also allows for victorious defendants to pursue their attorney fees and related expenses. The plaintiff, Wayne Aston, has already filed notice he is appealing the dismissal of his lawsuit.

As for the legal fees, Aston’s attorneys contended the newspaper’s lawyers overbilled. But Judge Anthony Howell, who sits on the bench in the state courthouse in Fillmore, issued an order Monday giving the Chronicle Progress attorneys everything they asked for – $393,597.19.

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Jeff Hunt, a lawyer representing the Chronicle Progress, said in an interview Tuesday with FOX 13 News the lawsuit “was an existential threat” to the newspaper.

“It would have imposed enormous financial cost on the on the newspaper just to defend itself,” Hunt said.

“It’s just a very strong deterrent,” Hunt added, “when you get an award like this, from bringing these kinds of meritless lawsuits in the first place.”

Aston sued the Chronicle Progress in December 2023 after it reported on his proposal to manufacture modular homes next to the Fillmore airport and the public funding he sought for infrastructure improvements benefiting the project. Aston’s suit contended the Chronicle Progress published “false and defamatory statements.”

The suit asked for “not less” than $19.2 million.

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In its dismissal motion, attorneys for the newspaper said the reporting was accurate and protected by a statute the Utah Legislature created in 2023 to safeguard public expression and other First Amendment activities.

Howell, in a ruling in September, said the 2023 law applies to the Chronicle Progress. He also repeatedly pointed out how the plaintiff didn’t dispute many facts reported by the newspaper.





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Melissa Holyoak appointed interim US attorney for District of Utah

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Melissa Holyoak appointed interim US attorney for District of Utah


SALT LAKE CITY — Melissa Holyoak has been appointed by the U.S. Department of Justice as the interim U.S. attorney for the District of Utah.

U.S. Attorney General Pam Bondi appointed Holyoak to the position on Monday.

The previous U.S. attorney for Utah, Felice John Viti, was the acting U.S. attorney under the Vacancies Reform Act. He moved into the position after Trina A. Higgins resigned. Viti will now return to his role as the first assistant U.S. attorney, according to the attorney’s office.

As U.S. attorney, Holyoak will be Utah’s top federal law enforcement officer for the district of Utah. She will prosecute federal crimes, and defend the United States in civil lawsuits within that district.

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Holyoak previously served Utah as solicitor general with the Utah Attorney General’s Office, Bondi’s office said in an email. She oversaw civil and criminal appeals, constitutional defense, as well as antitrust and data privacy divisions among others.

According to a profile that ran Monday in the Deseret News, Holyoak is a “conservative who values the state’s role in a system that shares sovereignty with the federal government.”

Most recently, Holyoak served as a commissioner of the Federal Trade Commission.

“Melissa is a woman of keen judgement, deep integrity, and unfailing commitment to the rule of law,” said FTC Chairman Andrew N. Ferguson. “… She will be sorely missed at the FTC. But our loss is Utah’s great gain.”

Holyoak graduated from the University of Utah S.J. Quinney College of Law in 2003. She is married and has four children.

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She is a member of the Utah, Washington D.C. and Missouri bars.


Contributing: Mary Culbertson, KSL


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Utah County faces steep costs in rise of capital murder cases

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Utah County faces steep costs in rise of capital murder cases


Three high-profile death penalty cases are costing Utah County taxpayers millions of dollars, and records show the financial burden could have been reduced if the county had been accepted into a state fund designed to help pay those legal bills.

“We’re going to approve over $1 million today in expenses for an event that we didn’t want,” one Utah County commissioner said in a recent public meeting. “None of us wanted, and it happened to be here, and our taxpayers will now foot the bill.”

The most recent case involves Tyler Robinson, accused of shooting and killing Charlie Kirk earlier this year. So far, more than $1 million has been approved to cover the cost of prosecuting and defending Robinson.

But Robinson’s isn’t the only case draining county resources. Utah County is also footing the bill to defend Michael Jayne, accused of killing Sgt. Bill Hooser in 2024, and to retry Douglas Carter, charged with murdering a woman in Provo back in 1985.

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“These types of cases are among the most expensive a county can face,” said Skye Lazaro, a criminal defense attorney. “They cost multiple times more than a regular prosecution and defense of a non-capital case.”

Lazaro explained that death penalty cases require highly specialized Rule 8-qualified attorneys, along with more experts, more investigations, and extra legal safeguards. Contract records obtained through a GRAMA request show just how quickly those costs add up. For Carter’s case, defense attorneys are capped at $200,000, with another $140,000 available for investigators and specialists. Jayne’s defense carries a similar price tag.

“The $200,000 is just for billable attorney hours,” Lazaro said. “Then you have to add all the additional expenses, and that’s in both agreements.”

So why didn’t Utah County seek help from the state’s Indigent Aggravated Murder Defense Fund, a resource already used by more than 20 of Utah’s 29 counties? According to Utah County Commissioner Amelia Powers Gardner, they tried to. Gardner, who described the fund like an insurance pool for counties, said the county commission saw the need and applied in June 2024, but the application went nowhere.

“When we submitted our application, it was just never accepted,” she said. According to Gardner, someone outside of Utah County gave incorrect information to the state Indigent Defense Commission, claiming the county had nine pending capital cases, when there were only four.

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“They were told that letting Utah County join would bankrupt their fund,” she said. “The arguments against us were misrepresented, and we never got a chance to clarify them.”

But the fund’s executive director, Matthew Barraza, disputed that version of events. In a written statement, he said the application was never rejected. They were simply waiting on Utah County to respond to follow-up questions. “There was never any official decision, as we were waiting for their response,” Barraza wrote.

Had the county joined, the cost would have been substantial up front. About $1 million to cover its share for the previous two years and 2024, with an estimated $350,000 annual contribution after that.

Gardner said the county had already budgeted for it. “We had set aside the million dollars to pay into that pool,” she said. “But we ended up having to use that money to hire counsel to represent those cases.”

Looking at the costs to join the fund and the budgets of the cases, it appears Utah County taxpayers would have saved a significant amount of money had the county joined the fund in 2024. Something Lazaro confirmed, adding, “If these three cases go to trial through a penalty phase where the death penalty is elected, I think we can be reasonably certain that we would exceed those numbers.

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National Political Scrutiny of Cloud Seeding Looms Over Utah

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National Political Scrutiny of Cloud Seeding Looms Over Utah





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National Political Scrutiny of Cloud Seeding Looms Over Utah




















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