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Third District Judge Robert Hilder -- considered by attorneys one of the state's best judges -- on Wednesday lost his bid for a seat on the Utah Court of Appeals.
The Utah Senate voted Hilder down by 16 to 12, the first time a judge has been rejected since 2003, when senators began closely scrutinizing judicial candidates.
Senators on Wednesday touched on a ruling Hilder made five years ago allowing the University of Utah to enforce its campus ban on firearms. But the focus of discussion on the senate floor this afternoon turned to his demeanor.
Mike Waddoups, R-Taylorsville, told his colleagues Hilder shouldn't be appointed because of his "aggressive nature," which Waddoups claimed the judge exhibited three times during previous hearings before the Senate Judicial Confirmation Committee.
"It made me very uncomfortable," said Waddoups. "He has a temper he has not learned to control."
Waddoups called demeanor the "No. 1 reason" for his opposition.
Gun-rights activists have been bombarding senators with form letters and e-mails labeling Hilder hostile toward the individual right to own a gun. Lawyers say Hilder's ruling dealt solely with a state agency's ability to contract with its employees and had nothing to do with the Second Amendment.
Immediately after the hearing, Hilder said he was disappointed. When asked if he felt he had been judged fairly, Hilder replied: "No, how could I?"
The judge said he will not again try for a seat on the Court of Appeals.
Gov. Jon Huntsman Jr. had named Hilder to replace retiring Judge Judith Billings on the Court of Appeals.
Wednesday's vote means the nomination process must begin again, with a Court of Appeals nominating commission selecting another batch of candidates and forwarding them to the governor.
After two days of hearings earlier this month, the Senate committee narrowly fowarded Hilder's name to the full Senate with a vote of 3-2.
Jerry Howe, a legislative policy analyst, said Wednesday's Senate vote rejecting Hilder was historic. Howe said it was the first such vote since 2003, when the Senate confirmation committee began interviewing judicial nominees.
But he said that at least three judges have backed out of the confirmation process upon realizing they faced a potential negative vote by the full Senate.
Prior to 2003, nominees picked by the governor were almost always presumed to be fit for the job, Howe said. Few nominees were interviewed by the confirmation committee and public hearings were seldom held, he said.
But after a review of other states revealed Utah as the only state in the nation that did not hold mandatory interviews, the Senate adopted a new rule, Howe said.
Judicial nominees are now required to undergo a criminal background check, and provide a personal statement and references. An independent investigation by senators is also an option, Howe said.
In addition, nominees are often grilled about their stance on gun issues, capital punishment and other hot-button issues.
Utah legislators are also on the lookout for "judicial activism," a phrase they have used to describe judges they feel overstep their bounds by overturning laws.
Also Wednesday, the Senate confirmed Marvin Bagley to fill a seat in the 6th District Court to replace retiring Judge David Mower. The Senate also confirmed Christine Johnson to the 4th District Court to replace retiring Judge John Backlund.
Posted by Salt Lake City, Utah, Personal Injury Attorney, Dustin Lance
http://www.sltrib.com/news/ci_11023704
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