The proposed appointment of Summit County Attorney Robert Adkins as a 3rd District judge was met with some heated opposition during a Senate confirmation hearing Friday.

Adkins received endorsements from others, including a former Utah Supreme Court justice.

Under oath before the Senate Judicial Confirmation Committee, Adkins said he knows he has made decisions as county attorney that were not popular but said he "weighed" each decision carefully.

However, several citizens who testified accused Adkins of failing to adequately prosecute domestic violence cases and, in one instance, failing to charge in an auto-bicycle accident.

Barry Topham said his daughter, Susanna Topham, was killed in 2000 by a car while bicycling with her fiance in Summit County. Topham said his daughter's death was very similar to that of Josie Johnson, who was killed by an SUV while bicycling in Big Cottonwood Canyon last September. Johnson's death sparked a community movement to improve laws protecting bicyclists and led to the introduction of legislation this session at the Capitol.

But while the driver who allegedly killed Johnson was charged with misdemeanor negligent homicide, Topham testified that he had to wait two months before even hearing from Adkins as to whether or not he was going to charge the driver who struck his daughter.

"I didn't hear a thing for two months," Topham told the committee. Three months later, Adkins told him that his office was not going to charge the driver.

In his testimony Friday, Adkins said the case was reviewed "de novo" by the Utah attorney general, who supported his decision.

"That he did not charge in my daughter's death continues to be a continuous in my life," Topham said.

Becky Taylor, former wife of a state law enforcement officer, alleged that Adkins refused to prosecute her former husband for domestic abuse because he was an officer. "Me and my 9-year-old daughter were homeless . . . we lived on welfare," Taylor said, while her husband remained in the home. "We lived with fear on a daily basis."

Taylor, who said she was also a search and rescue volunteer for Summit County, also criticized Adkins' decision to charge Paul Wayment in the disappearance of his son, 2-year-old Gage, in the mountains above Coalville in October 2000. Wayment, who had been sentenced to 30 days in jail, was later found with a self-inflicted gunshot wound to the head in the same area where his son disappeared, authorities reported.

But others testified that Adkins is a capable individual and a brilliant attorney.

Former Utah Supreme Court Justice Frank Wilkins strongly endorsed Adkins for the judicial position.

Retired Judge Roger Livingston said he has known Adkins to be someone who "reveres" and follows the law.

An official with the Summit County victim advocacy program testified that Adkins had championed funding for domestic violence programs before the County Commission.

With yet more people waiting to testify, committee chairman Sen. Chris Buttars, R-West Jordan, continued the confirmation hearing for Monday at noon.

After the testimony, Adkins said he didn't expect such testimony against him and was surprised. Adkins declined to comment but said he would take the opportunity during rebuttal to defend himself when the hearing continues on Monday.

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