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Hilder thinks people will hesitate to apply for Utah judgeships
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Utah Bill | 3:47 a.m. Nov. 25, 2008
Thank you, Judge Hilder, for your service to the state of Utah.
Partisan politics | 6:36 a.m. Nov. 25, 2008
Anyone still doubting that all three branches of Utah government are controlled
by the Republican machine, not the people. Thanks Utah County, your straight
party votes this year will give us even more secret combinations in the future.
Don't Worry | 8:00 a.m. Nov. 25, 2008
Don't worry, Judge Hilder, good people will still apply for judiciary
appointments. But if your defeat deters even one activist, anticonstitutional
liberal from applying, you will have performed a valuable service for your
State.
Here's hoping you can take solace in that.
Here's hoping you can take solace in that.
Comments continue below
Og | 8:13 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.
Decision was right | 8:14 a.m. Nov. 25, 2008
I am glad they didn't confirm the nomination because of the HORRIFIC
mistake (in my opinion) Judge Hilder made regarding Paul Wayment (Gage Wayment
was the boy who wandered from his Dad's truck and froze to death). Paul
later committed suicide right after Judge Hilder SENTENCED Paul to jail for 30
days. Mistakes happen and the courts shouldn't push people over the edge
where they would take their own lives. We need the courts to give individuals
at least some hope when they have made terrible judgements.
Instereo | 8:15 a.m. Nov. 25, 2008
Not selecting Hilder was purely politics. There probably wasn't a single
reason like his ruling on gun at the U of U. I'm sure the republicans were
morally upset about his divorce without even knowing the details. I also think
they wanted to send a message that they were in charge Utah after an election
that saw democrats have victories all across the country. Finally the biggest
reason I feel it was politics is because it had nothing to do with what was best
for Utah. I'm sorry the R's were so narrow minded and short sighted
and didn't confirm Judge Hilder.
Anonymous | 9:01 a.m. Nov. 25, 2008
I'm hoping he can get an appointment to the federal courts. This would be a
statement against Utah's one party abuse of power.
Hilder's Right | 9:05 a.m. Nov. 25, 2008
Who in their right mind would subject themselves to an examination by the State
Legislature after this debacle? Placing political expediency over practical
governance has its consequences and we'll be footing the bill for the
senate's idiocy.
Reason | 9:24 a.m. Nov. 25, 2008
The senate did the right thing in voting against Judge Hilder. He has a
serious misunderstand of the limitations of his role as a judge.
pburt | 10:44 a.m. Nov. 25, 2008
Wow! Extreme views in these comments, on both sides. The rejection of the judge
does seem very partisan, with some gun-nuttism thrown in. But the shrill
screeching about one-party power abuse is also empty.
People who seek power for power's sake will say whatever will get them there and be part of whichever party is going to get it for them, and then they will seek to cling to that power. Thus we get officials who pledge to not run, but who abandon that commitment when they feel the power tugging at them. And we get people pandering to groups they think will vocally support them, even if that view is extreme and out of the main stream.
Want better officials? Roll up your sleeves and get involved. Join a campaign, help organize, and loosen your grip on your almighty dollars and support causes and people you think are just.
People who seek power for power's sake will say whatever will get them there and be part of whichever party is going to get it for them, and then they will seek to cling to that power. Thus we get officials who pledge to not run, but who abandon that commitment when they feel the power tugging at them. And we get people pandering to groups they think will vocally support them, even if that view is extreme and out of the main stream.
Want better officials? Roll up your sleeves and get involved. Join a campaign, help organize, and loosen your grip on your almighty dollars and support causes and people you think are just.
Vigilant | 10:51 a.m. Nov. 25, 2008
Let's hope that people who believe in original intent and not judicial
activism seek judgeships.
Hilder may be a fine individual, but he proved he is an activist judge, and the Senate was right in defeating him.
Hopefully the Governor will make better nominations in the future. That may mean depending less on the recommendations of the Bar Association which tends to empower liberal lawyers and the activist judiciary at the expense traditional conservative roles.
However, if activist judges are nominated, the Senate will be right to defeat them. Every time.
Hilder may be a fine individual, but he proved he is an activist judge, and the Senate was right in defeating him.
Hopefully the Governor will make better nominations in the future. That may mean depending less on the recommendations of the Bar Association which tends to empower liberal lawyers and the activist judiciary at the expense traditional conservative roles.
However, if activist judges are nominated, the Senate will be right to defeat them. Every time.
No rubber stamp | 11:31 a.m. Nov. 25, 2008
From time to time, I am pleasantly surprised that a legislative group votes
against a rubber stamp approval of a governor's nominee.
In the Wayment case, however, the judge would never hve had a chance to make such a terrible sentencing mistake had the county attorney not brought the case forward. Shame should be poured out on all who had a hand in that.
Sometimes justice comes from a higher power. What greater sentence can a father have than grieving a lifetime for a son he will never see grow up?
In the Wayment case, however, the judge would never hve had a chance to make such a terrible sentencing mistake had the county attorney not brought the case forward. Shame should be poured out on all who had a hand in that.
Sometimes justice comes from a higher power. What greater sentence can a father have than grieving a lifetime for a son he will never see grow up?
"Activist" judges | 11:46 a.m. Nov. 25, 2008
Just a thought, if anyone cares - I think that the term "Activist
Judge" is essentially meaningless. More accurately, it is a term that can
just as easily be applied to every judge at one point or another.
The real question ought to be whether the judge gets the law right. For example, if the Constitution prohibits a type of law, then a judge ought to strike down the law, even though he is going against the will of the people. If the constitution is silent, then the judge ought not to strike down a law, even if it is an awful law. Those aren't questions of activist versus not activist. They are questions about what the law says and what the heirarchy of the law is.
I haven't read Judge Hilder's decision in either the Wayment case or the UofU gun case, but the question ought to be whether he got the law right. It is possible that the law required the result he reached, and if so, he shouldn't be punished for it. If the law didn't require that result, then he should be punished, but for getting the law wrong, not for being an activist.
The real question ought to be whether the judge gets the law right. For example, if the Constitution prohibits a type of law, then a judge ought to strike down the law, even though he is going against the will of the people. If the constitution is silent, then the judge ought not to strike down a law, even if it is an awful law. Those aren't questions of activist versus not activist. They are questions about what the law says and what the heirarchy of the law is.
I haven't read Judge Hilder's decision in either the Wayment case or the UofU gun case, but the question ought to be whether he got the law right. It is possible that the law required the result he reached, and if so, he shouldn't be punished for it. If the law didn't require that result, then he should be punished, but for getting the law wrong, not for being an activist.
@ Vigilant | 11:47 a.m. Nov. 25, 2008
I'm curious as to what you saw as his activist judgements. I don't
know much about Judge Hilder, but I haven't read any of his judgements that
I would describe as activist in any way...do you have some examples?
My wife doesn't behave like this | 12:47 p.m. Nov. 25, 2008
"As for his demeanor, Hilder said there is objective evidence he has never
had a problem with his conduct."
Where was that conduct? In a courtroom where he has the authority to throw others in contempt of court? It's one thing to maintain your composure when you are the person in charge and another to lose your cool when you aren't. Would Judge Hilder have been okay if an Attorney in his Courtroom behaved like him when he was questioning the attorney?
"My face does go red rather easily � I got it from my own father," Hilder said."
So he admits he got red in the face and that he "reacted" to questions he was asked. Maybe the next time an attorney or a defendant reacts and gets red in the face when Judge Hilder questions him he will be okay with it. I am sure that will make him happy when that defendant or attorney attack him in the press for reacting to such misconduct.
Shame on you Robert. Maybe your comments in this article and your behavior towards Legislators is the reason you were divorced. I know I wouldn't remain married to someone who acts like this.
Where was that conduct? In a courtroom where he has the authority to throw others in contempt of court? It's one thing to maintain your composure when you are the person in charge and another to lose your cool when you aren't. Would Judge Hilder have been okay if an Attorney in his Courtroom behaved like him when he was questioning the attorney?
"My face does go red rather easily � I got it from my own father," Hilder said."
So he admits he got red in the face and that he "reacted" to questions he was asked. Maybe the next time an attorney or a defendant reacts and gets red in the face when Judge Hilder questions him he will be okay with it. I am sure that will make him happy when that defendant or attorney attack him in the press for reacting to such misconduct.
Shame on you Robert. Maybe your comments in this article and your behavior towards Legislators is the reason you were divorced. I know I wouldn't remain married to someone who acts like this.
How many others has he killed | 12:54 p.m. Nov. 25, 2008
Decision was right,
"I am glad they didn't confirm the nomination because of the HORRIFIC mistake (in my opinion) Judge Hilder made regarding Paul Wayment (Gage Wayment was the boy who wandered from his Dad's truck and froze to death). Paul later committed suicide right after Judge Hilder SENTENCED Paul to jail for 30 days. Mistakes happen and the courts shouldn't push people over the edge where they would take their own lives."
What kind of person sentences a grieving father who had just lost his son to 30 days in jail? Mistakes happen and there was no criminal intent on Wayment's actions.
Robert Hilder is a manipulative jerk who shouldn't serve as a Judge. If the only punishment that was needed was a mere 30 days in jail then why the hell levy any punishment on a father who just lost his son in what is clearly an accident.
It's unfortunate that Hilder can't be held responsible for the father's death since its obvious that his actions contributed more to his death than the father's actions contributed to the boys. One is worthy of 30 days in jail while Hilder the murderer is free.
"I am glad they didn't confirm the nomination because of the HORRIFIC mistake (in my opinion) Judge Hilder made regarding Paul Wayment (Gage Wayment was the boy who wandered from his Dad's truck and froze to death). Paul later committed suicide right after Judge Hilder SENTENCED Paul to jail for 30 days. Mistakes happen and the courts shouldn't push people over the edge where they would take their own lives."
What kind of person sentences a grieving father who had just lost his son to 30 days in jail? Mistakes happen and there was no criminal intent on Wayment's actions.
Robert Hilder is a manipulative jerk who shouldn't serve as a Judge. If the only punishment that was needed was a mere 30 days in jail then why the hell levy any punishment on a father who just lost his son in what is clearly an accident.
It's unfortunate that Hilder can't be held responsible for the father's death since its obvious that his actions contributed more to his death than the father's actions contributed to the boys. One is worthy of 30 days in jail while Hilder the murderer is free.
BH | 1:06 p.m. Nov. 25, 2008
The 11:46 and 11:47 posts may find it interesting that Judge Hilder did not give
a written decision for the U of U concealed weapons case. He only gave a verbal
decision.
While there is no requirement for a written decision, and this is entirely at the discression of the judge, it at the very least has the appearance that Judge Hilder was trying to hide the lack of legal basis for his decision. If Judge Hilder is everything that so many are saying he is, then why would he not well document the U of U decision, knowing full well that it was an important and controversial decision?
It also seems very arrogant of Judge Hilder to believe that just because his nomination was not rubber stamped, that others will be discouraged from applying. Judicial nominations are rejected all across this great Republic, and yet judges are still promoted. Perhaps the signal sent will be the judges who legislate from the bench need not apply for the Utah Supreme Court.
While there is no requirement for a written decision, and this is entirely at the discression of the judge, it at the very least has the appearance that Judge Hilder was trying to hide the lack of legal basis for his decision. If Judge Hilder is everything that so many are saying he is, then why would he not well document the U of U decision, knowing full well that it was an important and controversial decision?
It also seems very arrogant of Judge Hilder to believe that just because his nomination was not rubber stamped, that others will be discouraged from applying. Judicial nominations are rejected all across this great Republic, and yet judges are still promoted. Perhaps the signal sent will be the judges who legislate from the bench need not apply for the Utah Supreme Court.
The world stops for Robbie | 2:22 p.m. Nov. 25, 2008
BH,
"It also seems very arrogant of Judge Hilder to believe that just because his nomination was not rubber stamped, that others will be discouraged from applying. Judicial nominations are rejected all across this great Republic, and yet judges are still promoted. Perhaps the signal sent will be the judges who legislate from the bench need not apply for the Utah Supreme Court."
Those who are defending this guy are doing so solely for political reasons and I happen to agree with his decision in 2003 dealing with the U of U gun ban but that is another point which I don't think we need to discuss since it will only get us off topic but the reason I bring this up is to point out that people must put aside their political opinions long enough to look at this logically.
This man admits to getting red in the face since he inherits it from his father (that's unprofessional to say) and reacting to the questions he was being asked and then he suggests that people will be discouraged because he wasn't confirmed. I say give us a break. He's not that damn important except in his mind.
"It also seems very arrogant of Judge Hilder to believe that just because his nomination was not rubber stamped, that others will be discouraged from applying. Judicial nominations are rejected all across this great Republic, and yet judges are still promoted. Perhaps the signal sent will be the judges who legislate from the bench need not apply for the Utah Supreme Court."
Those who are defending this guy are doing so solely for political reasons and I happen to agree with his decision in 2003 dealing with the U of U gun ban but that is another point which I don't think we need to discuss since it will only get us off topic but the reason I bring this up is to point out that people must put aside their political opinions long enough to look at this logically.
This man admits to getting red in the face since he inherits it from his father (that's unprofessional to say) and reacting to the questions he was being asked and then he suggests that people will be discouraged because he wasn't confirmed. I say give us a break. He's not that damn important except in his mind.
Honesty | 2:26 p.m. Nov. 25, 2008
If they are NOT going follow the law and the constitution they should
hesitate,
we don't want them or need them.
we don't want them or need them.
Decission is correct | 3:15 p.m. Nov. 25, 2008
HIs ruling on the gun issue is more than enough to show his feelings about the
constitution. THe right decission was made not to appoint him.
Re: Og at 8:13 | 6:43 p.m. Nov. 25, 2008
You can't have your cake and eat it too. Corporate lawyers make too much
money. They'd take a significant pay cut to be a judge. Law professors
also make substantially more than judges and live a sweet school-schedule life
style.
For example, Paul Cassell, law professor at the U, WAS a federal judge until he realized his life would be so much better being a professor.
So, unless you want pay judges more, you're not going to have corporate lawyers and law professors asking to be judges. It just won't happen unless it's a prestigious federal position.
For example, Paul Cassell, law professor at the U, WAS a federal judge until he realized his life would be so much better being a professor.
So, unless you want pay judges more, you're not going to have corporate lawyers and law professors asking to be judges. It just won't happen unless it's a prestigious federal position.
C.W. | 8:54 p.m. Nov. 25, 2008
All these arguments are nonsense! Lawyers grow on trees. The only ones who feel
sorry for them are other lawyers! I think its GREAT that one got put in his
place. BELIEVE ME - there's plenty more where he came from!
Activist judge? | 9:36 p.m. Nov. 25, 2008
A lot of people seem to think Judge Hilder is an activist judge for his gun
ruling. What is it all you people intend to do with your guns at the U of U,
anyway?
WatchDog | 12:51 p.m. Nov. 26, 2008
Don't know for the state of Utah... but I do know about some earlier states
I have lived. There, it was a requirment that one be an attorney to be a judge.
I always wondered how that fit in with being judged by ones peers?
There, not only could not one run for a judgeship unless they were an attorney, but the other requirement was that in order to take the state bar exam, the attorney had to be a graduate of an "accredited" by the bar, school.
I.E., one cannot be self taught (or have graduated from an unaccredited school) and still qualify to run for the position. I know of one instance where this exact thing has happened. The man actually can has passed the federal bar exams, and can practice law in a federal court, but not in a state court! He has, in fact, argued in the supreme court of our land - yet he cannot be elected as a judge in the state.
This smacks of nothing more than a form of protectionism by the legal community and is an arrogant manipulation of us all.
There, not only could not one run for a judgeship unless they were an attorney, but the other requirement was that in order to take the state bar exam, the attorney had to be a graduate of an "accredited" by the bar, school.
I.E., one cannot be self taught (or have graduated from an unaccredited school) and still qualify to run for the position. I know of one instance where this exact thing has happened. The man actually can has passed the federal bar exams, and can practice law in a federal court, but not in a state court! He has, in fact, argued in the supreme court of our land - yet he cannot be elected as a judge in the state.
This smacks of nothing more than a form of protectionism by the legal community and is an arrogant manipulation of us all.
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