Reader comments: Fight brewing over judicial nomination
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Many of his decisions in cases he has heard show his lack of understanding of the law. One antitrust case in particular went from his court to the appellate courts and back more than once simply because he misunderstood the law and ruled incorrectly. This cost the parties involved tens of thousands of dollars unnecessarily.
As for the letter from the Bar Association, what can one expect? They are lawyers who know they will likely have to appear before him, either in the trial court or in the appellate court, and the last thing they want is to be on his wrong side.
Waddoups and Buttars are right. Hilder is not a good choice. Utah citizens deserve better than some judicial activist with a bad record.
No matter how much his bar buddies love him.
As far as I'm concerned, the mere fact that former Watergate bagman and professional political sycophant Gordon Strachan testified for Hilder proves that he shouldn't be confirmed.
Hilder has already demonstrated his total disregard for the precise language of the Constitution in order to appease his friends in academia.
Hilder should _not_ be rewarded for his bad decisions.
Although Judge Hilder's final decision in the antitrust suit was appealed and reversed by the Utah Supreme Court, his "final decision" that went to the appellate court was actually his third opinion in the trial court. He decided the issues one way, then reversed himself when the attorneys pointed out his error, then finally issued his third and final decision that was different from his first and second decisions. That third decision was the one that the Utah Supreme Court reversed, saying the Judge was wrong.
Clearly, Judge Hilder did not understand the state antitrust laws that were at issue in the case, and consequently he cost the parties tens of thousands of dollars in legal fees to clear up his confusion in the trial court, and tens of thousands more on appeal to reverse his final, mistaken decision.
Furthermore, the money spent on attorneys' fees is money the customers of the two water companies have had to make up in higher rates ever since. I know, because I am one of those rate-payers.
I repeat: Judge Hilder's qualifications and knowledge of the law should be carefully vetted before he is approved for a higher position.
They feel annointed to their position and their constituents keep voting them back in. How sad.
Lawyers, however, ar not elected, and last I checked the public confidence in lawyers was not high.
Lawyers are shrewd enough to know that they will likely have to deal with judges someday and thus have a vested interest in being kind to judges.
Hilder's final of three opinions noted above in the water case was overturned. On the U of U guns case he never wrote or even stated any basis for his opinion, so Paul Boyden's claim it was based on contractual matters is pure speculation. Hilder just rendered a decision and was overturned on that too.
We don't need judges on the appeals court who have extensive experience getting their own opinions reversed.
Utah has lots of judges. Let's promote one who gets decisions right the first time, can make rational explanations of how they reached a decision (the first time, not after three bites at the apple), and does not seem to be a judicial activist.
Utah deserves better!
So only lawyers are fit to judge the actions of judges? And doctors are the only ones who can judge the actions of other doctors? And plumbers etc., etc.???
If he doesn't understand the 2nd amendment...then he isn't qualified to serve.
I'm not a gun lobbyist and I don't support Judge Hilder, my lack of approval does not come from his attack on my constitutional rights, but on several key factors I personally do not find equivalent to those required by a member of the second highest court of this state.
There are plenty of other groups that don't support his confirmation. Why can't we find a candidate, as we have in the past, that doesn't tear the state apart. There are only six appellate court justices, it shouldn't be hard to find a candidate that does not ignite such heated debate.
Anyone that discounts his "mistakes" has not had their lives in the hands of a judge; for if they had I'm sure they would feel differently. A judge wields supreme power in his/her courtroom and with that power comes supreme responsibility.
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