Fight brewing over judicial nomination

A battle is brewing in the state Legislature over a judicial appointment to Utah's appellate court.

Proponents of gun rights will fight it out with the Utah Bar Association over the fitness of Judge Robert K. Hilder for appointment to the court. The Senate will meet in special session next Wednesday to vote on the matter.

Hilder has served in Utah's 3rd District Court for 13 years. In that time he has handled thousands of cases and overseen more than 500 trials, including a case that involved the ability of the University of Utah to make rules against concealed weapons on campus.

Hilder sided with the university but advised the Legislature to change its law. It ultimately did, mooting the ruling.

Other issues as disparate as child custody rulings are also likely to surface as will Hilder's personal dirty laundry and temperament.

The Senate Judicial Confirmation Committee voted 3-2 Wednesday to recommend Hilder's appointment to the appeals bench. The split vote came after Hilder's original Friday hearing was continued when witness testimony gave some senators pause.

Sen. Chris Buttars, R-West Jordan, and Senate President Mike Waddoups, R-Taylorsville, voted against Hilder, saying behavior he displayed during the committee meetings was unacceptable for a high judge. Buttars also took issue with the University of Utah case.

"He didn't feel the case involved a Second Amendment issue," the senator said. "I find that incredible, to tell you the truth."

Hilder and Paul Boyden, executive director of the Statewide Association for Prosecutors, said the case was more about contract law than constitutional law. It involved the right of the U. to make agreements with its students, they said.

During the confirmation process, the committee has received hundreds of letters and e-mails about the judge, said committee member Sen. Lyle Hillyard, R-Logan.

The vast majority of those letters were against the judge and were likely written in response to a campaign by the Utah Shooting Sports Council to fight the nomination.

The committee also received a letter signed by current and former presidents of the Utah Bar Association.

"Judge Hilder is a well-respected judge by all lawyers that we know," said current Bar President Nate Alder. "Being a judge is a tough job. He's done a very good job and an admirable job."

Other attorneys have called Hilder the best trial judge in the state and have praised his compassion, temperament, knowledge of the law and fairness.