Two down and one to go for Utah Supreme Court nominee Leonard Russon.
After receiving a nomination to the state high court by Gov. Mike Leavitt in December, the 60-year old appeals judge was given the blessing of the Senate Judicial Confirmation Committee Thursday with a 5-0 vote.Russon now faces a final Senate confirmation vote sometime in the next few weeks.
In his opening remarks to the committee, Russon said he intends to serve the state as a conservative judge committed to interpreting statutes according to their original legislative intent.
"I'm a judge who believes in interpreting the law as it is before me. When a judge puts his own twist into a statute he's suddenly legislating . . . I believe in following only the law."
Questions directed to Russon seldom touched on his ability to fill the vacant seat. Instead, the committee focused its attention on the controversial judicial nomination process.
"I feel it would be detrimental if we did not nominate Judge Russon," said Sen. Howard Stephenson, R-Draper. "But I am critical of the judiciary in Utah - and critical of the justice nomination process."
The Salt Lake County senator is not alone in his reproach. In the past few weeks, many senators have voiced concern over the current process, citing a top-heavy selection commission.
Sen. Lyle Hillyard, R-Logan, said he was troubled the commission received only 19 applications for the justice position.
"I've heard that the feeling among potential applicants was `if you were not a judge, then it was a done deal,' " he said.
Russon noted his nine years of experience on the bench as a district and appeals judge prepared him for the justice seat, adding "I would have never felt qualified for this position while still a practicing attorney."
Hillyard also said some law enforcement officials had expressed uneasiness with Russon's lack of prosecuting experience. He also said Russon's nomination would result in a state supreme court consisting only of Salt Lake County residents.
Russon countered that his involvement with prosecutors during his lengthy tenure as a judge would suffice.
After the meeting, Russon, a University of Utah Law School graduate, was optimistic about his upcoming confirmation hearing before the Senate body.
"With the governor's recommendation - and now the approval of the confirmation committee - I'm confident that things will go well in front of the Senate," he said.