Newly-elected House Rep. Phil Lyman’s federal probation will end ahead of him taking office

Posted at 5:08 PM, Nov 08, 2018
and last updated 2018-11-09 18:11:42-05

SALT LAKE CITY — Newly-elected Utah House Rep. Phil Lyman’s court-ordered probation is scheduled to end ahead of him taking office.

A report filed in U.S. District Court recommends terminating his supervision on Dec. 17, just weeks before he would be sworn into office representing southeastern Utah in the state legislature.

San Juan County Commissioner Phil Lyman leaves federal court on Dec. 23, 2014.

“At the time of sentencing, he was ordered to pay a $50.00 special assessment fee, $1000.00 fine and $96,955.61 in restitution. The special assessment fee has been satisfied; however, he still owes the $1,000.00 fine and $89,805.61 in restitution. The Financial Litigation Unit at the U.S. Attorney’s Office reviewed the defendant’s current economic situation and determined the $100.00 per month he has been paying, is an appropriate amount based on his finances,” the report said.

Lyman, who was a San Juan County commissioner, was convicted of a federal misdemeanor for his role in a 2014 protest against federal road regulations. He participated in an ATV ride through an area of Recapture Canyon the feds had closed because it they claimed it was archaeologically sensitive. Lyman and others have said there has always been a road through there.

Lyman spent 10 days in jail and lost appeals to the 10th U.S. Circuit Court in Denver.

Earlier this week he was elected to the Utah House of Representatives, replacing Rep. Mike Noel, R-Kanab, who retired.

In the report to the judge recommending his probation be terminated, the U.S. Probation Office noted a dispute with Lyman over documents to keep paying. Lyman said he wouldn’t sign them because there was no expiration date. The U.S. Attorney’s Office said Lyman would need to keep paying $100 a month whether he signed the documents or not. If he didn’t, the feds said, they would go after his assets.

“This officer has informed the defendant of this. Except for the outstanding fine and restitution, all other supervision conditions have been satisfied. The defendant has maintained a stable residence, employment and contact with the probation office. The defendant’s post-conviction risk assessment scores him as a low-risk to engage in further criminal activity,” the report said.

Lyman told FOX 13 on Thursday he has had “no issues” with his court-ordered probation. He said he did intend to bring public lands and access issues to the legislature for consideration when he takes office in January.

“I think the agencies that fly these false flags of going after county commissioners for criminal misconduct when all they’re interested in is more monuments and this Trump opposition idea, the ends justifies any means, I think that’s harmful and they should be more accountable,” he said. “And those that they’re attacking should have more support from the state.”