Hilder thinks people will hesitate to apply for Utah judgeships

Robert Hilder believes there will be good applicants for future judgeships in Utah, but he also thinks there might be people who will hesitate to apply after seeing his experiences on Capitol Hill as an unsuccessful nominee for the Utah Court of Appeals.

"I would strongly encourage judges and expert trial lawyers to apply. I hope they will get a fair hearing. I can't say they will, but I certainly hope they apply," the 3rd District judge said.

Hilder said he does not know how his 2003 ruling on guns at the University of Utah played into the process. The school wanted guns banned on campus.

Hilder ruled from the bench Utah's gun laws, as written in 2003, "do not reach either the university's relations with its students, faculty or staff or prohibit them from making regulations."

"I cannot say strictly about the gun ruling; I think there were other factors (in the decision to not appoint him to the appellate court)," Hilder told the Deseret News Monday. "Most of the issues raised about me — such as other rulings — were pretext."

"Whether we will ever know the true reason (for his rejection), I frankly don't know," he said.

For example, Hilder said he and his ex-wife had an amicable and undisputed divorce 10 years ago and have remained friends.

As for his demeanor, Hilder said there is objective evidence he has never had a problem with his conduct.

"When I was asked certain questions, I certainly reacted," he said of the vetting process involving the legislators. "I was being accused of things that were not true. I didn't yell; I didn't scream; I reacted."

And what about the business of being red-faced?

"My face does go red rather easily — I got it from my own father," Hilder said. "In a way, I'm grateful for that (accusations about his demeanor) because it's so ludicrous, because it's not true. So now the question is: What was true?"

Others continue to insist that the gun ruling he issued was the real reason behind him not getting confirmed for the appeals court.

"I can't answer that. The gun lobby was incredibly active and did not bother to be accurate in their criticisms. They had one agenda: remove anyone who rules in a way that they deem anti-gun.

"I am not anti-gun," Hilder said.

"For all the ridicule I have received from some, it was not a Second Amendment decision. It was an interpretation of a state statute as that statute was then written. I suggested it could well be rewritten in my ruling and it was, immediately. My decision was never on appeal, and I was not reversed."

Hilder said he is "doing well" and is pleased with the "tremendous" support he has gotten from his colleagues and the legal community.

He remains a 3rd District judge and plans to continue.

"I'm staying, and I love being a judge," Hilder said. "I'll do this as long as I can be effective."

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E-mail: lindat@desnews.com