Chief Supreme Court Justice Gordon Hall defended Tuesday Utah's current method of selecting judges, saying it was a more responsible method than a "governor reaching out and appointing someone."
Hall's remarks to the Utah Bar Foundation reflected the tension between Hall and Gov. Mike Leavitt over the state's method of selecting judges."So far I haven't fared quite as well as I'd like to" with the Leavitt administration, Hall said. He and Leavitt have a congenial relationship, but "the governor has some very different ideas about what the judiciary should be doing."
Members of the judiciary have been quick to defend the current selection process against any proposed change. Hall did so again Tuesday, saying the current use of a nominating commission protects the judiciary against political favoritism.
Rumors that Leavitt wanted to change Utah's method of selecting judges began circulating after Leavitt filled the last vacancy on the Court of Appeals. The nominating commission sent Leavitt three nominees for the post: two judges whose recent rulings had angered conservative lawmakers and a Democrat in private practice. Leavitt chose the Democrat.
The judiciary's fear that Leavitt will propose drastic changes in the selection process next year is exaggerated, said Vicki Varela, spokeswoman for Leavitt.
"If the governor does decide to recommend any changes, they will be modest adjustments," she said.
Currently, a nominating commission reviews all applicants for a vacancy on the bench and sends three nominees to Leavitt. The governor selects one of the three and sends the name to the Senate for confirmation.
Leavitt reportedly believes he doesn't have enough influence in the selection of the three nominees. Leavitt selects four members of the seven-member nominating commission. But his staff has complained that Hall, who is chairman of the commission, heavily influences the selection of names sent to Leavitt.
Hall denied that allegation Tuesday. During his speech, Hall said, "I have never intimidated or caused the commission to follow a course it doesn't want to follow."
Judicial leaders worry that Leavitt will eliminate the commission. That shouldn't be allowed to happen, Hall said Tuesday.
Leavitt won't eliminate the commission, Varela said.
Hall also opposes giving Leavitt total control over the makeup of the commission. "It goes without saying that if one person selects an entire commission, it will appear that the commission is selected to do the bidding of that person."