DeCaria moves closer to judgeship

The Senate Judicial Confirmation Committee Tuesday night approved the nomination of Weber County Attorney Mark DeCaria to a 2nd district judgeship despite rumored jitters that DeCaria's chances might be tanked due to behind-the-scenes politicking and fears by conservative legislators that he would be an activist judge.

The committee last year rejected 3rd District Judge Robert Hilder's nomination to a spot on the Utah Court of Appeals. Some committee members said they were disturbed by Hilder's "demeanor" and his decisions on certain cases, and Hilder was asked highly personal questions during his vetting. However, Hilder's supporters were convinced those arguments were simply a smokescreen to hide dismay at Hilder's 2003 ruling regarding a ban on concealed weapons on the University of Utah campus.

DeCaria, 57, a Democrat, was in private practice for four years, was hired by Weber County in 1988 to prosecute felonies and in 1993 was chosen to fill the Weber County Attorney's spot after that individual left for another job. DeCaria has held the job since then.

He was questioned for about an hour in closed session Tuesday and later was asked in open session by Senate President Michael Waddoups, R-Taylorsville, about his thoughts on judicial activism.

"I believe judicial activism is wrong," DeCaria said. "I will apply the law as delivered to me by the Legislature."

In cases where the law seems to be unclear or silent on a matter, DeCaria said there are resources that can be studied, including such things as case law here and in other jurisdictions, which can guide judges.

"You don't have to rely solely on your own imagination," he said.

DeCaria also responded to questions about the death penalty by noting that his office currently is prosecuting one capital case and there are crimes so heinous that the death penalty, which is the law of the land, is warranted.

Questioned about child custody cases, DeCaria said he did divorce work for a time in private practice and also was widowed years ago when his two children, now grown, were ages 4 and 10 months. He married his current wife, Meri DeCaria, when his daughters were 17 and 14. Those years as a single parent made him appreciate the fact that he had a good job and a support network that many people in divorce cases do not enjoy, he said.

E-MAIL: lindat@desnews.com