Critics of 3rd District Judge David S. Young began promising two years ago they'd work hard to kick him off the bench this year.
Their campaign, waged mostly through interviews with the media, came within 1,800 votes of doing just that Tuesday.Young held onto his black robe by three-quarters of one percentage point - the smallest margin of victory for any Utah judge since retention elections were put in place a decade ago.
Salt Lake County residents supported his retention by 3,540 votes. Summit County voters wanted him off the bench by a 2-to-1 margin. Tooele County ballot totals weren't available at press time.
All results are complete but unofficial.
The judge's supporters see the slim victory as evidence of a vocal minority unduly influencing voters.
"You had 40 people who made a hubbub and that was the difference," said Scott Daniels, a former judge who served with Young and led a campaign supporting his retention.
The 40 individuals Daniels referred to gathered last Sunday on the courthouse steps to protest Young's alleged bias against women.
Their concerns first became headlines in 1994 when a Park City woman appeared in Young's court for a child-custody decision. Young ordered that the mother, Alicia Larson, could not take her children to Oregon because he questioned what kind of religious environment they would be in.
Larson took the order as an attack on her gender rather than her religion, however. "I think he just cared about controlling me," she said at the time.
An attorney survey released earlier this year seemed to strengthen women's complaints against the judge.
Young received a score of less than 70 percent on one of 12 questions answered by lawyers who appeared in his courtroom: "Weighs all evidence fairly and impartially before rendering a decision."
Daniels responded that the criticism was aimed at just a very small part of Young's overall service on the bench.
A decade ago, judges who wanted to retain their seats had to run in head-to-head races. Then lawmakers, supported by voters, took the politics out of judicial office by switching to retention ballots.
Supporters argue the system protects the independence of the judiciary.
But, with Young's numbers in hand, Daniels sees a rising electoral threat to the independence of the state's judiciary.
"It will send a detrimental message to judges - that they may have to worry about angering 40 people," he said.
And Daniels wonders how news of the close race will influence experienced lawyers who may be thinking about applying for a judgeship.
"There are many good attorneys who are building practices. Now, they've got to wonder whether it's worth the risk to become a judge," he said.
Daniels offered no solution to the questions he raises.
Other states have far-worse dilemmas when it comes to supporting an independent judiciary.
Texas and Nevada, for example, run partisan, contested judicial elections. Would-be judges not only affiliate with a political party but also have to raise money from law firms that will be in their courtrooms later.
In one recent Texas election, for example, a sitting Supreme Court judge and his opponent spent about $1 million in an acrimonious contest.
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ADDITIONAL INFORMATION
Judicial retention
Court of Appeals
1,677 of 1,677 precincts
Russell W. Bench
Yes 341,576 79% No 91,544 21%
Judith M. Billings
Yes 347,918 80% No 86,231 20%
James Z. Davis
Yes 336,665 78% No 93,043 22%
Pamela T. Greenwood
Yes 351,479 81% No 84,139 19%
Norman H. Jackson
Yes 344,282 79% No 90,932 21%
Gregory K. Orme
Yes 337,873 79% No 92,301 21%
1st Judicial District
Box Elder, Cache and Rich counties
101 of 101 precincts
Ben H. Hadfield
Yes 27,835 86% No 4,421 14%
Gordon J. Low
Yes 26,042 80% No 6,693 20%
2nd Judicial District
Davis, Weber and Morgan counties
360 of 360 precincts
Parley R. Baldwin
Yes 81,546 80% No 20,128 20%
Michael J. Glasmann
Yes 81,788 79% No 21,199 21%
Michael D. Lyon
Yes 81,392 80% No 20,513 20%
Jon M. Memmott
Yes 82,093 80% No 20,354 20%
3rd Judicial District
Salt Lake, Summit and Tooele counties
708 of 708 precincts
Pat B. Brian
Yes 177,806 77% No 52,146 23%
William B. Bohling
Yes 178,472 78% No 51,786 22%
Michael K. Burton
Yes 179,700 79% No 47,938 21%
Dennis M. Fuchs
Yes 172,171 77% No 52,702 23%
Michael L. Hutchings
Yes 176,055 78% No 49,514 22%
Glenn K. Iwasaki
Yes 176,902 78% No 50,198 22%
Tyrone E. Medley
Yes 176,885 78% No 49,344 22%
Frank G. Noel
Yes 175,689 78% No 49,896 22%
Robin W. Reese
Yes 178,973 79% No 47,340 21%
Homer F. Wilkinson
Yes 152,425 66% No 78,512 34%
David S. Young
Yes 122,018 50% No 120,215 50%
Olof A. Johansson, Juvenile Court
Yes 180,701 78% No 50,482 22%
Andrew A. Valdez, Juvenile Court
Yes 181,039 78% No 50,203 22%
4th Judicial District
Utah, Wasatch, Juab and Millard counties
205 of 205 precincts
John C. Backlund
Yes 57,406 84% No 10,925 16%
Guy R. Burningham
Yes 58,293 84% No 10,491 16%
Lynn W. Davis
Yes 59,268 85% No 10,319 15%
Steven L. Hansen
Yes 59,785 86% No 9,958 14%
Anthony W. Schofield
Yes 57,954 84% No 10,835 16%
Kay A. Lindsay, Juvenile Court
Yes 59,953 86% No 10,032 14%
5th Judicial District
Washington, Iron and Beaver counties
84 of 84 precincts
Robert T. Braithwaite
Yes 22,678 86% No 3,816 14%
J. Philip Eves
Yes 22,115 84% No 4,160 16%
6th Judicial District
Sevier, Sanpete, Garfield, Kane, Wayne and Piute counties
83 of 83 precincts
David L. Mower
Yes 10,675 76% No 3,296 24%
Louis G. Tervort, Juvenile Court
Yes 10,590 76% No 3,274 24%
7th Judicial District
Carbon, Emery, Grand and San Juan counties
60 of 60 precincts
Lyle R. Anderson
Yes 10,862 80% No 2,653 20%
Bruce K. Halliday
Yes 10,327 77% No 3,169 23%
Scott N. Johansen, Juvenile Court
Yes 11,113 82% No 2,497 18%
8th Judicial District
Uintah, Duchesne and Daggett counties
36 of 36 precincts
John R. Anderson
Yes 7,536 80% No 1,836 20%