Concerns arise over judge's defeat

The unusual and turbulent rejection of Judge Robert Hilder for a spot on the Utah Court of Appeals has sent shivers through the legal community with many legal experts wondering if the process Hilder underwent will produce long-term ill effects.

The Senate last week, for the first time in recent memory, voted 16-12 against confirming Hilder for a slot on the appellate bench after some legislators inquired into the judge's divorce and criticized Hilder's "demeanor."

Many Utah attorneys and others who work in the courts were puzzled by the questions about divorce and flabbergasted at remarks about Hilder's demeanor since his courtroom behavior is polite and even-tempered to the point of being almost old-fashioned in its courtliness.

Some Utah legislators, however, criticized the 3rd District judge for what they termed showing a hot temper and getting red-faced during closed-door questioning. Those same lawmakers downplayed their concerns over what they've called an anti-gun rights ruling by Hilder.

Gov. Jon Huntsman Jr. on Monday blamed "partisan political considerations" for the defeat, noting that the newly elected Senate majority leadership waited until after the

vote to finalize committee assignments.

The governor said that under the Utah Constitution, judges are supposed to be selected "without regard for any political considerations. That, to my mind, means that political gamesmanship will not be part of something as important as a judgeship."

But Huntsman instead said some lawmakers who promised him they'd vote for Hilder ended up voting against the judge — including outgoing Senate President John Valentine, R-Orem.

Valentine said he had initially supported Hilder, but he told the governor's office he'd changed his mind after the nominee "was very harsh with me." He dismissed the idea that the vote on Hilder was used to help senators get the committee assignments they wanted.

"That had nothing to do with it," Valentine said. "Normally, we vote yes for the governor's appointments. You get the benefit of the doubt. But when the evidence starts mounting, people get nervous about voting yes."

Huntsman said he isn't going to allow the vote to affect how he views future nominees. Nor, the governor said, does he believe what happened to Hilder will affect the number or quality of applicants for the bench.

Others disagree.