From Deseret News archives:

Concerns arise over judge's defeat

Governor blames nominee's rejection on partisan politics

Published: Tuesday, Nov. 25, 2008 12:13 a.m. MST
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"I think the problematic aspect of the process was that it went beyond simple questions of judicial philosophy and started to bleed over into personal attacks about Judge Hilder's demeanor and personal life. Some of those attacks seemed, to the legal community, unfair and irrelevant to the question at hand," Cassell said.

"Now I think some judicial applicants may wonder if they want to go through that sort of a process."

Cassell said the appearance of personal attacks on Hilder will not dry up applicants for judicial posts, but "unfortunately, this may shrink the pool of people who will subject themselves to the rigors of the process."

Many are convinced the inquiries into Hilder's personal life were simply fishing expeditions to find something to disqualify him in retribution for his ruling that the university system could ban guns on campuses.

"I don't know all the details, but there was the appearance that other extraneous factors were being dredged up to provide cover for what was really an ideological dispute," Cassell said. "I think it's very unfortunate if candidates are personally attacked when the debate is about something else."

Bert Brandenberg, executive director of Justice at Stake, a nonprofit group of 50 organizations that works to keep courts fair and impartial, went even further.

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"I'm not pretending to be a Utah expert, but in any situation where you have a political drive-by shooting like this, then there's the real risk that good people will hesitate to come forward to be on the bench," Brandenberg said.

"An even larger fear is that judges on the bench will feel intimidated when they have a controversial case before them," Brandenberg said. "Our nation's founders created a system where the courts are supposed to be accountable to the law and not whoever yells the loudest. If judges are too intimidated to rule fairly, then our constitutional rights are up for grabs."

Christine Durham, chief justice of the Utah Supreme Court, said it remains to be seen whether the outcome of these proceedings will have an effect on any future applicants.

"I would hope that everyone would want, and that candidates could expect, a fair process based solely on their qualifications for the position. Above all, my concern as chief justice is judicial independence."

Durham said that when it comes to confirmation proceedings for judicial vacancies, "it is important to note the appointment process is a process under law that is a responsibility of the governor."

Huntsman welcomed her words, saying Durham was "speaking to what has traditionally been done for years and years."


E-mail: lindat@desnews.com; lisa@desnews.com

Recent comments

He LIED to the voters about his judges having less than 6 cases under...

Hilder is a fraud | Nov. 29, 2008 at 5:19 a.m.

Most judges in Utah are completely incompetent and corrupt. Everyone...

Personal Injury Attorney | Nov. 28, 2008 at 9:07 p.m.

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