In a letter dated today the Tenth Circuit Court of Appeals admonished the Utah Attorney General’s office for its failure to comply with the Federal Rules of Appellate Procedure and the Tenth Circuit Rules with regard to the Evans, et al vs. State of Utah case.
The case was decided in May of this year by United States District Judge Dale Kimball and requires that Utah recognize the roughly 1,300 same-sex marriages that were legally entering into during the 17 day window of legality that was set off after Judge Robert Shelby’s ruling striking down Utah’s Amendment 3. Governor Gary Herbert and Attorney General Sean Reyes announced that they would be appealing the decision to the Tenth Circuit. That same court upheld Judge Shelby’s ruling on June 25.
The infractions listed are basic procedural issues, including:
- An entry of appearance has not been filed;
- A copy of the transcript order or statement of why the transcript order was not ordered has not been filed;
- Appellant’s docketing statement has not been timely filed.
The Clerk of the Court has allowed Reyes and his staff 10 days to correct the deficiencies. The letter from the court can be read here.