It was smooth sailing for two prosecutors who came before the Senate Judicial Nominating Committee Thursday seeking recommendations for vacant judgeships. Both Michael DiReda, a Davis County prosecutor, and Janice Frost, a South Salt Lake City prosecutor, got high praise and unanimous recommendations to the full Senate, which needs to confirm the two nominees before they can take the bench.
"These two candidates represent exactly what we are looking for," said Sen. Chris Buttars, R-West Jordan, a committee member.
The hearing was a stark contrast to the politically contentious rejection of 3rd District Judge Robert Hilder last November for a vacancy on the Utah Court of Appeals.
Committee and Senate meetings took an unusual turn then when senators found fault with Hilder's demeanor and questioned such things as a divorce he underwent years ago. At that time, Buttars said that Hilder "had a lot of holes in his game" and suggested that Hilder was more of an activist judge who made law rather than interpreted it.
Hilder's supporters were unconvinced these were the real reasons for him being turned down for the appellate court spot, contending that Hilder was really rejected for a 2003 ruling he made regarding guns on state university campuses.
Hilder had ruled from the bench that state law at that time was unclear, and he upheld a university-sponsored ban on guns on university property. However, Hilder said in his ruling that the state Legislature could change the law if it wanted — which it quickly did.
DiReda is slated to replace 2nd District Judge Roger Dutson, who is retiring, and Frost will fill a vacancy in Weber County's juvenile court created by the retirement of 2nd District Juvenile Judge Diane Wilkins.
Frost told the group she had never planned a career path that would lead to being a judge, but was reminded by an older brother that as a child she always wanted to be an attorney, which led to law school and a stint as a child protection lawyer. Frost said another life-altering experience occurred this summer when she attended a conference where she heard parents speak of how wrenching it was to have their children taken away and put in foster care, how hard the parents worked to get their children back and how important the judge had been — rather than counselors or substance abuse group leaders — in guiding these parents in the right direction.
"I really felt being a judge provided the opportunity to give people help," she said.
DiReda responded to committee questions about the death penalty by telling the group that he has experience in standing before a jury and asking for that punishment. He said he realized the magnitude of what he was asking and how painful it was for the families of the victim and defendant, but believed that under those particular circumstances that it was the appropriate punishment to seek.
"It was humbling," DiReda said.
DiReda also praised his wife, Cherie, and gave examples of how their children's various triumphs and setbacks had offered lessons in such things as perseverance and analysis that would serve him well on the bench.
E-mail: lindat@desnews.com
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