Judge must respond to temporary stay by March 24

Judge must respond to temporary stay by March 24


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SALT LAKE CITY (AP) -- A state judge has until March 24 to respond to a Utah Supreme Court order blocking the forced medication of the woman accused in the 2002 kidnapping of Elizabeth Smart.

The Utah Supreme Court on Tuesday issued a temporary stay of 3rd District Judge Judith Atherton's order after an emergency petition was filed by attorneys for Wanda Eileen Barzee.

In 2004, Barzee was found incompetent to stand trial on kidnapping and sexual assault charges. She's being held at a state psychiatric hospital in Provo.

In 2006, Atherton ruled Barzee should be forcibly medicated. Utah's high court upheld that decision in December and Atherton signed the medication order last month.

Barzee's attorneys want treatment delayed until they learn whether the U.S. Supreme Court will hear the matter.

State courts spokeswoman Nancy Volmer says once Atherton responds, justices can decide the case based on existing court filings; ask for additional information from the parties; or hold a hearing.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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