Reader comments
Concerns arise over judge's defeat
95 comments | Read story
Cincinnatus | 12:55 a.m. Nov. 25, 2008
Hilder was rejected for one reason. He upheld the University of Utah's ban
of guns on campus. Senatorial leadership, especially Michael Waddoups, are
ardent supporters of gun rights, even to the extreme of allowing guns anywhere,
in schools, on college campuses, and in churches. Whether that position is
right or wrong in the eyes of proponents or opponents, allowing a political
issue like this to intimidate a potential appointment to the bench by our
Senators is wrong. Judges need to be free from pressure from legislators or
executives in making decisions. That is the way the Constitution was designed.
Grimble | 1:11 a.m. Nov. 25, 2008
I would say "shame on them" to the Utah legislatures, for obviously
and blatantly punishing this nominee for his gun ruling.
But "shame" is a concept that is foreign to the Utah GOP. Party and partisanship above all, and at all costs.
How much damage will they have to do to the integrity of the system before Utahns realize how bad single-party rule is for the political health of the state?
But "shame" is a concept that is foreign to the Utah GOP. Party and partisanship above all, and at all costs.
How much damage will they have to do to the integrity of the system before Utahns realize how bad single-party rule is for the political health of the state?
Eagle | 3:35 a.m. Nov. 25, 2008
For those who don't understand the process, it may seem arbitrary to reject
the judge. While on the bench a person may appear one way, but be different in
another setting. If one's arrogance bubbles to the surface in the context
of persuading those who must confirm the nomination, treating those from an
important, equal branch of government like imbeciles who should shut up and let
the wise judge make law from the bench, he cannot then complain that he is
rejected for a position in an appellate capacity that carries the force of law.
Arrogance never wins, even if it is only behind closed doors.
Comments continue below
Craig | 4:44 a.m. Nov. 25, 2008
BORK,
Your liberal leaning republicans and Democrats.The US Senate set the parameters for all. They were awful kind to our judge in Utah. He was not used to being held accountable and when asked questions showed his true self rather than a trophy presentation.
Your liberal leaning republicans and Democrats.The US Senate set the parameters for all. They were awful kind to our judge in Utah. He was not used to being held accountable and when asked questions showed his true self rather than a trophy presentation.
WalMart Voter | 5:50 a.m. Nov. 25, 2008
Judge Hilder may be a good judge, but it is painfully obvious that there are
many judges who fail to restrain themselves to solely judicial duties. Instead
of applying existing statutes, they invade the domain of the legislature by
creating new rights and new rules. Although Utah citizens may vote not to
retain a judge in a judicial retention election, the process is an ineffective
restraint. Many judges routinely legislate from the bench creating their own
laws while disregarding existing laws established by the legislature. However,
I can only recall two judges who have not been retained in a judicial retention
election.
On the other hand legislators must win contested elections to retain their positions. In a democratic republic legislative functions belong to representatives elected by the people. If judges continue to legislate from the bench, why not require them win contested elections? Why not require judges answer to the people for their legislative actions, just as legislators must answer to the people they represent. I have noticed that judges including state supreme court justices in some eastern states must run for office in contested elections. Why not give all Utah citizens a voice in choosing their judges?
On the other hand legislators must win contested elections to retain their positions. In a democratic republic legislative functions belong to representatives elected by the people. If judges continue to legislate from the bench, why not require them win contested elections? Why not require judges answer to the people for their legislative actions, just as legislators must answer to the people they represent. I have noticed that judges including state supreme court justices in some eastern states must run for office in contested elections. Why not give all Utah citizens a voice in choosing their judges?
Joe Watts | 6:37 a.m. Nov. 25, 2008
I am continually disappointed that The Deseret News and the Salt Lake Tribune
fail to report the votes of the senators.
Both newspapers lobby for transparency on campaign contributions, which is very much appreciated, but transparency is more important in how our legislators vote.
I want to know who the 16 senators were who voted against Judge Hilder and the 12 who voted for him. Why can't the Deseret News report that simple fact?
Why isn't that the most important part of the story?
Both newspapers lobby for transparency on campaign contributions, which is very much appreciated, but transparency is more important in how our legislators vote.
I want to know who the 16 senators were who voted against Judge Hilder and the 12 who voted for him. Why can't the Deseret News report that simple fact?
Why isn't that the most important part of the story?
Sara | 6:55 a.m. Nov. 25, 2008
Isn't it funny that whenever a liberal loses, it is because of "unfair
attacks from the right". We now have a liberal president and there is no
arguing, no scteams of unfair, as a matter of fact, conservatives are taking it
very well. With Prop 8 on the other hand the will of the people is being
trampled on. Liberals remind me of screaming toddlers, who if they don't
get their way make everyone else miserable. I for one am tired of far left
judges who help bring into law abortion, partial birth abortion, gay rights,
etc. What a judges moral values are should certainly have a bearing on if he or
she is appointed to certain positions. Stop whining. Act like the Right.
The Voting Names | 6:58 a.m. Nov. 25, 2008
The 16 senators voting no were: H.Stephenson, D.C.Buttars, S.Killpack,
D.Eastman, C.Bramble, M.Waddoups, A.Christensen, P. Knudson, M.Madsen,
W.Neiderhauser, B.Hickman, S.Jenkins, M.Dayton, D.Stowell, J.Greiner, and
J.Valentine.
The 12 senators voting yes were: M.Dmitrich, G.Davis, P.Jones, B.Goodfellow, S.McCoy, K.Mayne, R.Romero, F.Fife, K.VanTassell, C.Walker, L.Hillyard, and G.Bell
The 12 senators voting yes were: M.Dmitrich, G.Davis, P.Jones, B.Goodfellow, S.McCoy, K.Mayne, R.Romero, F.Fife, K.VanTassell, C.Walker, L.Hillyard, and G.Bell
RH Native | 7:08 a.m. Nov. 25, 2008
WalMart Voter: Name one instant where a Utah District Judge has legislated from
the bench. Have you ever watched what happens in District Court? It is all
about mundane criminal procedure, civil wrangling. There are never
constitutional issues before a District Judge.
Have you even read Judge Hilder's ruling in the UofU gun case? The issues before him were based in contract and had NOTHING to do with gun rights - NOTHING.
I agree that there are activist Judges out there, but the vast majority of them are in the Federal System where appointees are there because of there political leanings. Do you really want to vote for our Judges? How do you know who a good judge is or not? Unless you actually practice in front of them or have experience with them, it is impossible to "judge" a good judge from some political flyer or billboard. This might work fine in Davis or Utah County but the County where it really matters as far as political rulings are concerned is Salt Lake County and we know who gets elected there - people like Rocky Anderson. Can you imagine the horror? Lay off our judges, most do fine.
Have you even read Judge Hilder's ruling in the UofU gun case? The issues before him were based in contract and had NOTHING to do with gun rights - NOTHING.
I agree that there are activist Judges out there, but the vast majority of them are in the Federal System where appointees are there because of there political leanings. Do you really want to vote for our Judges? How do you know who a good judge is or not? Unless you actually practice in front of them or have experience with them, it is impossible to "judge" a good judge from some political flyer or billboard. This might work fine in Davis or Utah County but the County where it really matters as far as political rulings are concerned is Salt Lake County and we know who gets elected there - people like Rocky Anderson. Can you imagine the horror? Lay off our judges, most do fine.
To: WalMart Voter | 7:11 a.m. Nov. 25, 2008
Your suggestion of a contested election for all judges is simply a bad idea.
Although judicial activism is a growing concern among the citizenry, a contested
election will only exacerbate the existing problems. Imagine an America where
Justice Alito and Roberts would have to campaign for their nomination as a
Supreme Court Justice! Cleary they would feel compelled to make promises on the
campaign trail to "win your vote". Doing so would compromise the
judicial code of approaching every case without personal bias or pre-condition.
Fairness | 7:19 a.m. Nov. 25, 2008
This shows how ridiculous the Senate can be, Just because he had a Divorce,
ruled the U of U could be a safe place for faculty and students, they deny him
what is due. It is too bad that the extreme gun koo-koos are stil running the
Senate. If we looked at the marital problems of senators that would be an
eye-sore. Oh, by the way maybe this is a black-baby of a decision, or is that a
deja-vu of one of the ultra-nutso fools?
To: Eagle at 3:35 AM | 7:23 a.m. Nov. 25, 2008
To: Eagle at 3:35 AM, If I was being asked personal questions in what is
essentially a job interview, you would see me get red faced as well.
The Utah legistlature is not known for its ethics, integrity, honor, and honesty. This is just one of many decisions that make people go "huh, this can't be in America."
Your comments remind me of a boss that I once had.
If he wanted to fire a person, he would get them in his office, and berate them until they lost their temper. When they lost their temper, and began defending themselves against his accusations, the boss would fire them for losing their temper.
Eagle's comments at 3:35 showed the real tactics of these unethical and dishonest elected officials. They all said it was how Hilder acted when asked personal (illegal) questions. They all said that he was an excellet judge and person, but since he got red faced when asked about his religious views, and his divorce, they decided that they did not want him on the bench.
They said that he made them feel intellectually inferior when interviewing him. Like that is a hard thing with some of these guys.
The Utah legistlature is not known for its ethics, integrity, honor, and honesty. This is just one of many decisions that make people go "huh, this can't be in America."
Your comments remind me of a boss that I once had.
If he wanted to fire a person, he would get them in his office, and berate them until they lost their temper. When they lost their temper, and began defending themselves against his accusations, the boss would fire them for losing their temper.
Eagle's comments at 3:35 showed the real tactics of these unethical and dishonest elected officials. They all said it was how Hilder acted when asked personal (illegal) questions. They all said that he was an excellet judge and person, but since he got red faced when asked about his religious views, and his divorce, they decided that they did not want him on the bench.
They said that he made them feel intellectually inferior when interviewing him. Like that is a hard thing with some of these guys.
uncannygunman | 7:27 a.m. Nov. 25, 2008
Some stains just won't wash out. I am reminded of the decision not to
bring felony charges against that group that broke into the gay couple's
house and beat them near to death. Very different decisions, equally
appalling.
Joe Watts--the names have been reported. Basically, all Dems voted for Hilder and all Repubs save one or two voted him down. I think one Republican senator was absent. So to the extent we're talking about an awful decision by the Senate, we're actually talking about an awful decision made exclusively by Republicans. Surprise, surprise.
Joe Watts--the names have been reported. Basically, all Dems voted for Hilder and all Repubs save one or two voted him down. I think one Republican senator was absent. So to the extent we're talking about an awful decision by the Senate, we're actually talking about an awful decision made exclusively by Republicans. Surprise, surprise.
The people spoke | 7:31 a.m. Nov. 25, 2008
Deal with it.
re: Joe Watts | 7:35 a.m. Nov. 25, 2008
I couldn't agree more. I believe in freedom of the press but I think they
should have some rules in telling a story. Such as: tell the truth, the WHOLE
truth and nothing but the truth. No twisted slants or manipulations of stories.
Reporters are as bad as judges.
To: Craig at 4:44 AM | 7:39 a.m. Nov. 25, 2008
I am not sure I understand your post.
Are you saying that we are all liberal republicans and democrats? What about independents who vote according to our conscience. Is that bad? That is what I am. I am neither republican or democrat. Nobody needs to hold my hand and tell me how to vote.
Then you write that the elected officials were awafully kind to the judge. Nope. They were the worst kind of unethical to the judge.
Then you write that he was not used to being held accountable. For your information, I don't think any judge is familiar with the kind of scrutiny that these elected officials put this judge through.
Then you write that he showed his true self, and did not give a trophy presentation. The truth is, judges should only be accountable to the law when they make decisions. Judges should not be bullied by elected officials into making unethical decisions. I too, would get mad if somebody tried to make me do things that I knew are not right.
The opposite is true. Hilder was theone with backbone and integrity. These unethical elected officials are the ones lacking ethics and integrity.
Are you saying that we are all liberal republicans and democrats? What about independents who vote according to our conscience. Is that bad? That is what I am. I am neither republican or democrat. Nobody needs to hold my hand and tell me how to vote.
Then you write that the elected officials were awafully kind to the judge. Nope. They were the worst kind of unethical to the judge.
Then you write that he was not used to being held accountable. For your information, I don't think any judge is familiar with the kind of scrutiny that these elected officials put this judge through.
Then you write that he showed his true self, and did not give a trophy presentation. The truth is, judges should only be accountable to the law when they make decisions. Judges should not be bullied by elected officials into making unethical decisions. I too, would get mad if somebody tried to make me do things that I knew are not right.
The opposite is true. Hilder was theone with backbone and integrity. These unethical elected officials are the ones lacking ethics and integrity.
Obi wan liberali | 7:47 a.m. Nov. 25, 2008
Utah's State Senate is an embarrassment. Where else but Utah could idiots
such as Buttars, Bramble, Stephensen and this bunch of clowns carry so much
clout?
Valentine used to be the reasonable one, but now that he's been ousted by the Neurotic Redneck Association's toady, Mike Waddoups, he'll probably fall in line with the other clowns in the circus.
Valentine used to be the reasonable one, but now that he's been ousted by the Neurotic Redneck Association's toady, Mike Waddoups, he'll probably fall in line with the other clowns in the circus.
To: Wal Mart Voter at 5:50 AM | 7:47 a.m. Nov. 25, 2008
You are right. Judge Hilder was respected on the bench by those who know the
law.
He was respected as a man of integrity and a man of honor. He was a good judge that was taken advantage of. These elected officials had too much power.
Your comments about electing judges struck me, though. I lived in an area where local judges were elected.
It created all sorts of unique problems.
First of all, they accept donations to run for campaign. Do you think that is right? Do you think it is OK to donate money to a judge that you might be in front of?
Where I lived, trial lawyers loved electing judges. They would make sure that they donated plenty of money to certain judges. Then, they would make sure that their cases ended up in front of those judges.
Electing judges is not a good idea.
Even here in Utah, it is best to let the Governor decide who is appointed.
Yes, there are liberal judges. But that is why the Constitution allows for checks and balances.
Judge Hilder was a good judge. He got ram-rodded by those who do not understand ethics and integrity.
He was respected as a man of integrity and a man of honor. He was a good judge that was taken advantage of. These elected officials had too much power.
Your comments about electing judges struck me, though. I lived in an area where local judges were elected.
It created all sorts of unique problems.
First of all, they accept donations to run for campaign. Do you think that is right? Do you think it is OK to donate money to a judge that you might be in front of?
Where I lived, trial lawyers loved electing judges. They would make sure that they donated plenty of money to certain judges. Then, they would make sure that their cases ended up in front of those judges.
Electing judges is not a good idea.
Even here in Utah, it is best to let the Governor decide who is appointed.
Yes, there are liberal judges. But that is why the Constitution allows for checks and balances.
Judge Hilder was a good judge. He got ram-rodded by those who do not understand ethics and integrity.
SLC Attorney | 8:15 a.m. Nov. 25, 2008
The whole judicial selection is political! Just look at what went on in
selecting the recent Judge in Cache County and in Utah County; in Cache County
they had to restart the whole process because the judicial nominating committee
said they would not submit a prosecutor's name to the judge and that word
got out and they had to restart the process and in Utah County they felt the
need to put a "female" on the bench, not that she couldn't do a
good job, but look at the candidates credentials she went up against. The
judicial nominating committee is the most polictical motivated committee there
is! I think true elections would work best! Just look at the state of Alabama.
Where was Huntsman? | 8:16 a.m. Nov. 25, 2008
We have a featherweight for a Governor. He supported Hilder, but then left him
swingng in the wind, while the Repub bullies on the hill crucified him. Hmm.
Stephenson and Buttars voting on a judge? Ridiculous.
Legal Knowledge | 8:18 a.m. Nov. 25, 2008
It's also interesting to note that all the Senators who were LAWYERS
(except for 1) voted to confirm Judge Hilder. This is because those lawyers had
practiced in front of him or knew people who had. They knew he was a good judge
and they understand that being a capable judge is the only criteria for the
position.
I'm not saying everyone should be lawyers in the Senate, but I really wish they could develop some concept of the law and some respect for how it is supposed to proceed.
I'm not saying everyone should be lawyers in the Senate, but I really wish they could develop some concept of the law and some respect for how it is supposed to proceed.
What Accountability from | 8:26 a.m. Nov. 25, 2008
the judicial branch? How dare they! Don't these people know who we are? We
are big people, the important ones who attend all those dinners. Peasants!!
I'm Glad.... | 8:32 a.m. Nov. 25, 2008
I am very glad that Judge Hilder got "Borked".
Incidently, I hope he suffers the same fate when he
comes up for his retention election. He is a disgrace to the judiciary.
Good riddance!!!
Incidently, I hope he suffers the same fate when he
comes up for his retention election. He is a disgrace to the judiciary.
Good riddance!!!
To Sara | 8:34 a.m. Nov. 25, 2008
Are you serious?!?! Watch Fox News for one day and say there is no arguing or
screams of unfair. And you should pull out your high school government textbook
and brush up on the role of the judicial branch - to INTERPRET the law. That
includes the Constitution, which is what brought into law a woman's right
to choose, equal rights for ALL, etc.
KM | 8:34 a.m. Nov. 25, 2008
where is Anita Hill when you need her?
Digbads | 8:38 a.m. Nov. 25, 2008
I'm embarassed that our Senators didn't "rubber stamp"
Governor Huntsman's choice. They are very badly behaved and rude for
questioning Judge Hilder and not just giving him his new job.
For those of you still in question... Don't mess with our gun rights. I consider this a huge victory for the common citizens of Utah.
I love our system of checks and balances. The governor nominates, the Senate approves, but at the base, at the core of our system, the voters are the ultimate check on authority.
For those of you still in question... Don't mess with our gun rights. I consider this a huge victory for the common citizens of Utah.
I love our system of checks and balances. The governor nominates, the Senate approves, but at the base, at the core of our system, the voters are the ultimate check on authority.
Robert | 8:41 a.m. Nov. 25, 2008
I'm not sure how I feel about Hilder's rejection, but I am sure of one
thing: if the senators acted in Hilder's court the way he acted in the
senate confirmation hearing, the judge wouldn't like it.
More than one senator voiced concern about Hilder's behavior during closed sessions -- as opposed to those open to the press and the public. Note, for example, Senator Valentine's comment that Hilder "was very harsh with me." It's not clear exactly what Valentine believed Hilder did or said, but if Valentine were "harsh" with Hilder in Hilder's court, the bailiff would march the senator out the door and put him in jail to cool off for a day or two.
Each branch of government must show respect for the other, regardless of personal feelings.
More than one senator voiced concern about Hilder's behavior during closed sessions -- as opposed to those open to the press and the public. Note, for example, Senator Valentine's comment that Hilder "was very harsh with me." It's not clear exactly what Valentine believed Hilder did or said, but if Valentine were "harsh" with Hilder in Hilder's court, the bailiff would march the senator out the door and put him in jail to cool off for a day or two.
Each branch of government must show respect for the other, regardless of personal feelings.
JazzFan | 8:43 a.m. Nov. 25, 2008
Michael Waddoups is a disgrace to the Utah Senate. For him of all people to
question someone�s character is laughable.
Waddoups runs the shadiest Property Management Company in Utah.
Waddoups will continue to abuse his power and his ego will continue to interfere with just politics.
What a terrible decision this was!!
Waddoups runs the shadiest Property Management Company in Utah.
Waddoups will continue to abuse his power and his ego will continue to interfere with just politics.
What a terrible decision this was!!
Maybe | 8:43 a.m. Nov. 25, 2008
the process should be all out in the open, no private meeting with 1 or 2
senators who can then report anything they want about the meeting.
Roger S. | 8:45 a.m. Nov. 25, 2008
It all began 20 years ago when the U.S. Senate rejected Robert Bork. Those who
did not complain when Bork was rejected have no legs to stand on now; it's
become common practice.
S&W.40 | 8:47 a.m. Nov. 25, 2008
State representatives are not a rubber stamp for the governor. And to expect
politicians to not act politicaly is rediculous. Politicians do what they do,
why would you expect anything differant?
Og | 8:56 a.m. Nov. 25, 2008
Bravo to the Legislature for rejecting a judge who is too far out of Utah's
political mainstream. The Third Circuit is a repository for liberal Democrats
nursed by the Utah Bar.
Utah has a lot of lousy judges, and Robert Hilder is a one example. Let's hope he is right and that the usual clowns are deterred from applying in the future for judgeships.
Contrary to what Hilder says, we actually need fewer trial lawyers, government bureaucrats, and existing judges to be applying for judgeships. Let's get more corporate attorneys and law school professors into the mix to bring some diversity to the bench.
Utah has a lot of lousy judges, and Robert Hilder is a one example. Let's hope he is right and that the usual clowns are deterred from applying in the future for judgeships.
Contrary to what Hilder says, we actually need fewer trial lawyers, government bureaucrats, and existing judges to be applying for judgeships. Let's get more corporate attorneys and law school professors into the mix to bring some diversity to the bench.
Michael | 8:56 a.m. Nov. 25, 2008
Unquestioned one-party rule breeds terrible government. This is another example.
Neal Kramer | 8:59 a.m. Nov. 25, 2008
Utah is a state where the legislature is so powerful that it can and regularly
does intimidate both the executive and the judicial branches.
Arrogance of power comes when the legislature expects that it must humiliate anyone who who challenges their sense of entitlement.
The bruisers in the state senate will crush anyone who gets in the way of their single-minded and ongoing attempts to place total sovereignty and all the abuses that go with it in their closed door proceedings.
These senators believe they have no responsibility to the people who elect them or to learn about the possible consequences of their decisions. Their decisions and the reasoning behind them resemble nothing more than ideology in a sealed vacuum jar.
Shame on the voters of this state, especially those who simply vote a straight party ticket. You get who you deserve.
Arrogance of power comes when the legislature expects that it must humiliate anyone who who challenges their sense of entitlement.
The bruisers in the state senate will crush anyone who gets in the way of their single-minded and ongoing attempts to place total sovereignty and all the abuses that go with it in their closed door proceedings.
These senators believe they have no responsibility to the people who elect them or to learn about the possible consequences of their decisions. Their decisions and the reasoning behind them resemble nothing more than ideology in a sealed vacuum jar.
Shame on the voters of this state, especially those who simply vote a straight party ticket. You get who you deserve.
Mike Johnson Fallon, NV | 9:00 a.m. Nov. 25, 2008
At the heart of this discussion is why is it that major appointments, including
judicial appointments, are confirmed by the Senate? (Regardless of state or
federal). Personally, I don't like the beauty contest elections for judges
we have in Nevada.
Some would want all gubernatorial appointments approved regardless. By a large almost all are. But, still the state constitution requires appointments like to to be confirmed by the Senate--in theory the less political half of the most political branch of the state government. By definition politics is a key part of all the actions of the legislature.
I like the governor in Utah. I used to like the governor in Nevada. Votes in the legislature should be published. Citizens can take any vote a legislator makes at the next election. In Utah, you won't have a chance to remove a judge later, but you can vote against and potentially remove a legislator who votes against what you think. Collectively, legislatures tend to be more attune to what the people collectively want because every few years they have to go back ask for their job back again.
Let them do their job and if you don't like it--fire them.
Some would want all gubernatorial appointments approved regardless. By a large almost all are. But, still the state constitution requires appointments like to to be confirmed by the Senate--in theory the less political half of the most political branch of the state government. By definition politics is a key part of all the actions of the legislature.
I like the governor in Utah. I used to like the governor in Nevada. Votes in the legislature should be published. Citizens can take any vote a legislator makes at the next election. In Utah, you won't have a chance to remove a judge later, but you can vote against and potentially remove a legislator who votes against what you think. Collectively, legislatures tend to be more attune to what the people collectively want because every few years they have to go back ask for their job back again.
Let them do their job and if you don't like it--fire them.
No Credibility | 9:04 a.m. Nov. 25, 2008
The Utah Senate has just squandered whatever little credibility they had left.
"Demeanor"? If you don't want to confirm a judge because you
don't like the outcome of a case that was in front of him half a decade
ago, just say so and take your lumps. Don't act like you came to the
decision after deep and serious reflection. That said, I am proud of the 12
senators who refused to play such childish games.
The voice of the people | 9:08 a.m. Nov. 25, 2008
... was altered through distorting elections.
How sad! | 9:10 a.m. Nov. 25, 2008
This is such a sad commentary, not on Judge Hilder, but on the sad sacks who we
the people have elected to the Utah Senate.
Again we see that our senators' personal feelings trump all other considerations. What a joke!
Again we see that our senators' personal feelings trump all other considerations. What a joke!
John | 9:14 a.m. Nov. 25, 2008
The confirmation process works and the Senators did the right thing!
Two other judges were UNANIMOUSLY confirmed the same day that Hilder was rejected.
Hilder was not "punished" for his gun ruling, but for his bad judgment, and his WRONG DECISION in that case was overturned by the Utah Supreme Court.
Hilder again showed antipathy to Utah's Constitutional right to keep and bear arms (Article 1 Section 6) when he voted to defy the Utah law passed to provide storage lockers for legal self defense weapons at courhouses. That makes TWO blatent cases of judicial activism from this guy.
The Senate did not throw him out of office, but simply decided that a judge with that track record was NOT one to be elevated to the Appeals Court.
Besides the gun issues, there were numerous other cases where Hilder made wrong (i.e. overturned on appeal), bad, or strange decisions. In total, he was not a good choice.
The incestous clique of lawyers may fawn over Hilder, knowing that it will benefit them in the future, but the Senate wisely exercised their obligation to confirm only the best qualified to be elevated to the Appeals Court.
Thank you Senators!
Two other judges were UNANIMOUSLY confirmed the same day that Hilder was rejected.
Hilder was not "punished" for his gun ruling, but for his bad judgment, and his WRONG DECISION in that case was overturned by the Utah Supreme Court.
Hilder again showed antipathy to Utah's Constitutional right to keep and bear arms (Article 1 Section 6) when he voted to defy the Utah law passed to provide storage lockers for legal self defense weapons at courhouses. That makes TWO blatent cases of judicial activism from this guy.
The Senate did not throw him out of office, but simply decided that a judge with that track record was NOT one to be elevated to the Appeals Court.
Besides the gun issues, there were numerous other cases where Hilder made wrong (i.e. overturned on appeal), bad, or strange decisions. In total, he was not a good choice.
The incestous clique of lawyers may fawn over Hilder, knowing that it will benefit them in the future, but the Senate wisely exercised their obligation to confirm only the best qualified to be elevated to the Appeals Court.
Thank you Senators!
Bob Pomeroy | 9:20 a.m. Nov. 25, 2008
Please Sara, judges are not responsible in any way for partial birth abortions.
Do you think they perform or invented them? All judges do is decide matters
presented to them for decision, and they have little control over that. You
have been hoodwinked.
No Name Please | 9:23 a.m. Nov. 25, 2008
I had information that showed multiple lawyers and judges being involved with
illegal activities all over Utah. This information would have come out in open
court concerning a judge/attorney hidding assets of over a million dollars in
his first divorce. After spending thousands of dollars and hiring 3 different
attornies trying to get my day in court, I finally just gave up. There was no
way they were going to let me have my day in court, so why should anyone be
surprised at the activities of these powerful men. Something stinks in Utah
regarding justice for all, but the Gadianton Robbers do a great job of keeping
it from seeing the light of day.
Buttoups | 9:38 a.m. Nov. 25, 2008
And the Utah legislature, as we have come to expect, is off to a roaring start.
The "re-elected" seem to have learned nothing from the embarrassments
(hubris, ethics) of the past couple of years and continue unabashed in their
determination to drag down the reputation of the legislature and the state.
Opaque, one-party rule is sure to deliver all of the above and more. One wonders if we (Utah voters) are sliding into Einsteins definition of insanity: "doing the same thing over and over again and expecting different results."
When will we learn to vote these bums (Buttars, Waddoups, Valentine, Bramble) out.
Opaque, one-party rule is sure to deliver all of the above and more. One wonders if we (Utah voters) are sliding into Einsteins definition of insanity: "doing the same thing over and over again and expecting different results."
When will we learn to vote these bums (Buttars, Waddoups, Valentine, Bramble) out.
Reason | 9:38 a.m. Nov. 25, 2008
Judge Hilder may be a nice guy with a fine �courtroom
demeanor,� but the senate was right to vote against his
confirmation. The Second Amendment is a critical constitutional issue, and if
a judge bases his rulings on what he WANTS it to mean, or on his pretending that
it doesn�t EXIST, then he has a serious flaw in his
understanding of his role as a judge.
Colorado Law | 9:46 a.m. Nov. 25, 2008
Utah has a great system -- far better than those of many other states.
Certainly better than those in which judges are elected.
Stewart | 10:14 a.m. Nov. 25, 2008
At least in Utah "We the People," have some method of restraint over
the likes of Gov. Huntsman's judicial appointments. This article would have
us believe that the citizens should have no say on judicial appointments. The
courts can be every bit as tyrannical as the other branches of government if
allowed to do so.
This article also attempts to downplay the real reason for the negative votes in the senate. In addition to the personal opposition of senators to Hilder's position on gun rights they received a lot of input from citizens opposing the Hilder nomination. It appears that the DesNews and the "legal profession" feel there should be no citizen input into this decision. Could it be because they consider the public too stupid and uninformed to be involved in these decisions? Or could it be that they don't like their constitutional rights(2nd Amendment) stepped on?
This article also attempts to downplay the real reason for the negative votes in the senate. In addition to the personal opposition of senators to Hilder's position on gun rights they received a lot of input from citizens opposing the Hilder nomination. It appears that the DesNews and the "legal profession" feel there should be no citizen input into this decision. Could it be because they consider the public too stupid and uninformed to be involved in these decisions? Or could it be that they don't like their constitutional rights(2nd Amendment) stepped on?
Proper Balance | 10:16 a.m. Nov. 25, 2008
Poor Jonny didn't get his way and now he's got to throw a tantrum.
Waa-waa. Thank you, Utah State Legislature for understanding your role and doing
the right thing. You are a check on the judicial AND executive branch, and in
this case the balance of power did not go Jonny's way. Thank goodness!
Thank you for keeping things in their proper balance.
Accountability and Arrogance | 10:21 a.m. Nov. 25, 2008
If anyone could identify arrogance and the lack of accountability it would be
the men and women serving in our legislature. I don't trust their opinions
on many matters, but when it comes to arrogance and the complete lack of
accountability for one's actions, I believe we should trust their
judgement. After all, they are experts in these fields.
re: Buttoups | 10:26 a.m. Nov. 25, 2008
The un-elected are still in power until January.
Hatuletoh | 10:33 a.m. Nov. 25, 2008
I've said it before and I'll say it again: a rebuke from the likes of
Misters Buttars, Bramble and Valentine--particularly on the grounds that one is
ill tempered--ought to be considered a compliment.
Democracy | 10:39 a.m. Nov. 25, 2008
Why can't liberals accept that what happened to Judge Hilder an
illustration of democracy in action?
All the whining -- that he's well liked by lawyers, that his divorce is no one's business, that guns should be banned on the Ewt campus -- is irrelevant.
No one has a right to be elected or confirmed by the senate. Judge Hilder didn't meet the requirements the senate had for confirmation. If you don't like it, run for senate and change things. Whining is just a waste of energy.
It's called democracy. And it's the worst possible form of government . . .
except all the rest.
All the whining -- that he's well liked by lawyers, that his divorce is no one's business, that guns should be banned on the Ewt campus -- is irrelevant.
No one has a right to be elected or confirmed by the senate. Judge Hilder didn't meet the requirements the senate had for confirmation. If you don't like it, run for senate and change things. Whining is just a waste of energy.
It's called democracy. And it's the worst possible form of government . . .
except all the rest.
Add your comment
Comments are monitored. Any comments found to be abusive, offensive, off-topic, misrepresentative, more than 200 words or containing URLs will not be posted.
Words Remaining
E-mail address: For internal use only. We may want to contact you to publish your comment (not your e-mail address) in the newspaper or for a separate story idea.
Related content
- '2012' has box-office bang of $225M 10:13 a.m.
- Cox ready to shriek in 'Scream 4' 10:11 a.m.
- 'Hair' opens London with B'way cast 10:10 a.m.
- 'Twilight' part of heartthrob history 10:08 a.m.
- Gershwin award going to McCartney 10:06 a.m.
- USAF expects UAE role to continue 10:00 a.m.
- Millions will have to repay tax credit 9:56 a.m.
- Atlantis set for launch 9:54 a.m.
- L.A. pushes to get repaid 9:50 a.m.
- Vitamin D deficiency puts U.S. at risk 9:48 a.m.
- Apostle's wife felt comfort in attack
- MWC expand? Get rid of deadweight
- TCU stays 4th in AP; Y. 19th, U. 23rd
- Bennett at center of GOP storm
- Win in New Mexico good for Y?
- BYU happy to escape with victory
- Relieved Cougs prep for Falcons
- TCU creams U.
- Jazz rookies had to grow up quickly
- Wounded Utes limp home
- BYU happy to escape with victory
231 - TCU creams U.230
- Editorial: Mormons and gay rights207
- Will state consider gay rights law?150
- Can BYU root for (ick) Utah Utes?131
- RSL heads to MLS title game130
- Utes remain silent about BCS120
- Celtics crush Jazz104
- TCU stays 4th in AP; Y. 19th, U. 23rd103
- 3A: Hurricane advances to title game89
Sears is holding a special VIP night Sunday, Nov. 15, in stores and online.
How do you handle kids and contests? Our oldest daughter, 7, is of the...
Advertisement
Latest comments
Trick plays or not, when its "Be Good or Be Gone" you do whatever it takes....
This article by Ash is an excellent one that displays the need of Latter-Day...
Miles should stay, (shooting) Mathews should stay, (shooting/defense) Price...
Hey. Check the polls. BYU IS a top 25 program. Your pathetic attempt to...
All I can say, is that the jazz have played MUCH better as a TEAM over the...
Ute arguments: Ute's won't get blown out. Oh yeah! Ute's beat top25...
And if they don't listen, lets do what we did 140 years ago and start a civil...
Isaac Hale had a strong personal dislike for Joseph Smith. David Whitmer...
There is much that suggests the army really blew it. Before you get on...
I think people aren't giving New Mexico enough credit. I think this was a...
Advertisements