Gov. Mike Leavitt on Saturday announced the appointment of appeals judge Leonard Russon to the Utah Supreme Court, but Russon may face a rocky confirmation process in the Legislature.
Lawmakers frustrated over the state's method of selecting judges may take that frustration out of Russon, said Senate Majority Leader Lane R. Beattie, R-Utah.Lawmakers have three options: confirm Russon, deny his confirmation or take no action at all, Beattie said. Lawmakers are privately discussing all three options, he said.
The problem isn't Russon. Senate leaders began threatening last week to deny confirmation to the new appointee regardless of who it was. The Senate is unhappy with the nominating process, Beattie said. "It's too one-sided. There's too much judicial oversight."
Beattie plans to introduce a bill this session that would give Leavitt more say in picking judges. Currently the chief justice chairs the nominating commission, and the Utah State Bar chooses two lawyers to sit on the seven-member commission. The four other members are chosen by Leavitt.
Beattie wants the chief justice off the commission and he wants Leavitt to choose the two lawyers who sit on the commission. "The chief justice just has too much influence in the selection of judges," he said.
Lawmakers were angered when the commission chose three judges as nominees for the Supreme Court. They saw it as proof that the judiciary controls the nominating process, Beattie said.
"A lot of people believe there are many attorneys in Utah who would make outstanding judges," Beattie said. "We aren't saying the three nominated weren't the best. That's something we want to look into."
The first step to Russon's confirmation will likely be an investigation of how Russon was nominated, Beattie said. "A lot of lawmakers don't think the process was thorough enough. That's something we'll look into."
If the nominating process passes muster, then Russon himself must stand up to scrutiny.
"We plan to interview him and ask him a lot of questions," Beattie said. He hopes senators won't take their frustration at the judiciary out on Russon. "The nominating process and Judge Russon's qualifications are two separate issues," Beattie said.
Russon hopes they stay that way.
"I just hope they will be fair with me," the judge said. "I hope they won't penalize me because they want to change the nominating process.
"I think if they will get to know me and inquire about me, they will be satisfied with my appointment. I don't think the governor would have appointed me if he wasn't convinced I could accomplish the things that need to be accomplished.
"I simply hope they will get to know me and keep an open mind."
If the Senate denies confirmation of Russon, the selection process starts over. But lawmakers are expected to first pass a bill changing that process before starting over. No one knows what should happen next if the Senate refuses to hold a confirmation hearing for Russon.
"The constitution is unclear about what would occur next," said State Court Administrator Ronald Gibson. The constitution says the Senate has 60 days to consider the appointment.
Russon, 60, is currently the associate presiding judge on the Utah Court of Appeals. He was appointed to the appeals court in 1990. Before that, he served as a 3rd District Court judge. Former Gov. Norm Bangerter appointed him to the bench in 1984.
Judicial pundits say Leavitt sought an appointee who shared his belief that the Supreme Court should interpret the law the way it believes the Legislature would have wanted it interpreted and not the way the justices think it should be interpreted.
Russon believes he and Leavitt share that conservative view of the court's role. Russon said he is not a judge who "puts his own spin on what the law ought to be . . . . I think the governor was looking for a conservative and he found me to be that person."
Russon met with Leavitt and discussed the philosophy of law for two hours, he said.
He sought the Supreme Court appointment because he would like to have "greater say in the direction of the law," he said.
Russon practiced law for 21 years before being appointed to the bench. He was a senior partner in the firm of Hanson, Russon and Dunn. He graduated from the University of Utah Law School.