BRECKENRIDGE, Colo. — Gov. Jon Huntsman Jr. named his first judicial nominee Monday: Salt Lake attorney Carolyn McHugh is his choice to fill an upcoming vacancy on the Utah Court of Appeals.

McHugh, who must be confirmed by the state Senate, would take the place of Judge Norman Jackson on the seven-member appellate court when Jackson retires in August.

The governor telephoned McHugh with the news from the ski resort, where he is attending the annual meeting of the Western Governors' Association, which ends today. McHugh eagerly accepted, he said.

Huntsman said after he had interviewed all seven finalists for the judgeship, McHugh stood out.

"She had a certain enthusiasm for the position that came through," the governor said.

McHugh also had what Huntsman said were important qualities for an appellate judge, including a commitment to service, collegiality and an understanding of the balance between the need to exercise judicial restraint and judicial activism.

Although the pair privately discussed the issue of judicial activism, a term often used by conservatives in describing decisions they believe go too far, Huntsman said he had no litmus tests on any subject for the nominees.

"I'm basing it strictly on the merits," he said of his pick.

McHugh was selected over six other candidates submitted to the governor by the Appellate Court Nominating Commission. Three are already on the bench — 2nd District Judge Thomas Kay, 3rd District Judge Robert Hilder and 4th District Judge Anthony Schofield.

Another finalist, Scott Daniels, is a former 3rd District judge who sat on the bench for 10 years and also served in the Legislature. Laura Dupaix is an assistant Utah attorney general in the criminal appeals division. The remaining finalist was Salt Lake City attorney Carol Clawson.

"They were all excellent finalists," Huntsman said. But after sitting down with McHugh, he said he "pretty much knew at that point" that she should be his nominee.

This is the first nomination Huntsman, who took office in January, has made to the bench.

McHugh graduated from the University of Utah law school in 1982 and joined the law firm of Parr Waddoups Brown Gee & Loveless a year later. She became a partner in the firm in 1987. She specializes in commercial litigation and environmental law.

In 2001, she was selected Utah Woman Lawyer of the Year and in 1997, was her law school's alumna of the year. McHugh is a volunteer with the Legal Aid Society, Catholic Community Services, Big Brothers and Big Sisters of Greater Salt Lake, and has served as a guardian ad litem.

She is single and the mother of two.

Former Gov. Norm Bangerter named Jackson to the court in 1987, the year the court was created to hear appeals from juvenile and district courts throughout the state.

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