39 UTAH JUDGES SEEK RETENTION TO OFFICE

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1 39 UTAH JUDGES SEEK RETENTION TO OFFICE Chip Parkinson Deseret News. Salt Lake City, Utah: October 22, pg. B3 Copyright Deseret News October 22, 1996 Six of seven state Court of Appeals judges and 33 other judges are standing for retention this year, meaning voters in their districts can decide whether the judges should continue to serve. Each received a favorable evaluation by the Judicial Council, the state's administrative arm of the courts, although two earned unsatisfactory grades on certain questions in an attorney survey.to stand for retention, each jurist must receive a 70 percent favorable response from attorneys in their district on at least nine of 12 questions the attorneys answered. Attorneys said 3rd District Judge Homer F. Wilkinson's legal knowledge was not what it should be, according to results released by the Administrative Office of the Courts. A judge since 1979, Wilkinson received unsatisfactory scores in three areas: - His application of the law to the facts of a case. - Whether he clearly explains the basis of oral decisions. - Whether he writes decisions in a clear and coherent manner. Third District Judge David S. Young, appointed in 1987, was substandard on one measure of performance: ``Weighs all evidence fairly and impartially before rendering a decision.'' Despite the ratings, the two judges met the overall standards and were certified to stand for election. In order to be certified, each judge must also receive no public sanctions and no more than one private sanction from the Judicial Conduct Commission. For trial judges, those certified must have no cases under advisement for more than 180 days and no more than six cases under advisement for more than 60 days. Each certified jurist also complied with the Code of Judicial Conduct and was judged to be physically and mentally fit for office. COURT OF APPEALS Court of Appeals Presiding Judge Gregory K. Orme is the highest-ranking judge standing for retention. He was appointed in 1987 by Gov. Norman H. Bangerter. Prior to that, he was a partner in the Salt Lake law firm of VanCott, Bagley, Cornwall & McCarthy. He received his law degree from George Washington University in Washington, D.C., in Orme is a member of the Ethics Advisory Committee, the Judicial Performance Evaluation Committee and the Commissioner Conduct Commission. Joining Orme are five other Court of Appeals judges, which have statewide jurisdiction. - Judge James Z. Davis, associate presiding judge of the Court of Appeals, was appointed in 1993 by Gov. Mike Leavitt and previously was a shareholder and director at Ray, Quinney & Nebeker. Davis received his law degree from the University of Utah in He has served in the U.S. Army as an intelligence officer and was president of the Utah State Bar in Judge Russell W. Bench was appointed to the Court of Appeals by Gov. Norman H. Bangerter in Prior to that, he was in private practice and served as a special assistant attorney general. Bench received his law degree from the University of Utah in 1976 and subsequently served a

2 judicial clerkship at the state Supreme Court. He also was presiding judge of the Court of Appeals from 1989 to Judge Judith M. Billings was appointed in 1987 by Gov. Bangerter and previously served on the bench of 3rd District Court. She received her degree from the University of Utah and earned a master's of law degree from the University of Virginia in Billings also was a partner in the Salt Lake law firm of Ray, Quinney & Nebeker. She is a faculty member of the National Judicial College and an adjunct professor at the University of Utah College of Law. - Judge Pamela T. Greenwood also was appointed by Gov. Bangerter in She received her law degree from the University of Utah and served as general counsel and vice president of First Interstate Bank of Utah for seven years. Greenwood was counsel for the Utah State Bar from 1977 to 1980 and an attorney with the law firm of Roe and Fowler. She is also past president of the Utah State Bar and served as acting court administrator from January 1995 to September Judge Norman H. Jackson was appointed to the Court of Appeals in 1987 by Gov. Bangerter. He received his law degree from the University of Utah in 1962 and was a senior partner in the law firm of Jackson, McIff & Mower in Richfield. Jackson has master's and bachelor's degrees in economics from Brigham Young University. He formerly served on the Utah State Bar Commission and the Utah Legal Services Board. 1ST JUDICIAL DISTRICT Two judges are up for retention in the district, which serves Box Elder, Cache and Rich counties. - Judge Ben H. Hadfield was appointed in March 1993 by Gov. Mike Leavitt. He received his law degree from Brigham Young University in 1978 and then joined the firm of Mann, Hadfield & Thorne and later became a partner. He was deputy Brigham City attorney from 1978 to 1989 and then served as the city's attorney until his appointment to the bench. - Judge Gordon J. Low was appointed in 1987 by Gov. Bangerter and is the presiding judge of the 1st District. He received his law degree from Arizona State University in 1973 and joined the firm of Hillyard & Gunnell, where he later became a partner. Low is a former member of the Judicial Performance Evaluation Committee and the Commission on Justice in the 21st Century. 2ND JUDICIAL DISTRICT Four judges are up for election in the district, which serves Weber, Davis and Morgan counties. - Judge Parley R. Baldwin was appointed in 1987 by Gov. Bangerter. He received his degree from the University of Utah in He formerly was a partner in the Ogden firm of Browning, Blackburn & Baldwin and is past presiding judge of 2nd Circuit Court. - Judge Michael J. Glasmann was appointed in 1992 by Gov. Bangerter. He received his law degree from the University of Utah in 1979 and was awarded the David T. Lewis Award for outstanding performance in the prosecutor intern clinical program.

3 He worked as a deputy county attorney for Weber County until 1982, when he joined the firm of Thatcher & Glasmann, which later merged with VanCott, Bagley, Cornwall & McCarthy. He was a shareholder and manager of the firm until his appointment. - Judge Michael D. Lyon was appointed in 1992 by Gov. Bangerter. He previously served as a deputy Weber County attorney and Clinton city attorney, and was a shareholder and president of Lyon, Helgeson, Watterfall and Jones. Lyon received his law degree from the University of Utah in Judge Jon M. Memmott was appointed in 1992 by Gov. Bangerter and serves as the district's presiding judge. He formerly was director of the Office of Legislative Research and General Counsel and also served as Bangerter's chief of staff until 1989, when he returned to private practice as a partner with Nielsen & Senior. He received his law degree from Arizona State University and served as a state assistant attorney general until RD JUDICIAL DISTRICT Thirteen judges are up for election, including two in juvenile court. The district covers Salt Lake, Tooele and Summit counties. - Judge William B. Bohling was appointed in 1993 by Gov. Leavitt. He formerly was a trial attorney with the U.S. Department of Justice Antitrust Division from 1968 to 1971 and a law professor at Texas Tech University. Bohling received his law degree from the University of Utah in 1978 and also holds a master's degree in economics for Texas Tech and a master's of law degree from the University of Michigan. He was named the Utah State Bar's Distinguished Lawyer of the Year in Judge Pat B. Brian was appointed by Gov. Bangerter in He formerly was a deputy district attorney in California, an assistant U.S. attorney in Alaska and a partner in the law firm of Nielsen & Senior. He received his law degree from Vanderbilt University in He serves as a member of the Statewide Grand Jury Panel of Judges and the Utah State Bar Fee Arbitration Committee. Brian is also a master in the Inns of Court and an adjunct professor at Brigham Young University. - Judge Michael K. Burton was appointed to the 3rd Circuit Court in 1983 by Gov. Scott M. Matheson. He received his law degree from Brigham Young University in 1976 and was Sandy city attorney and prosecutor. He is a member of the Judicial Council and is a former member of the Judicial Branch Standing Committee and Curriculum Planning Committee. - Judge Dennis M. Fuchs was appointed in 1986 by Gov. Bangerter. He received his law degree from Boston University in 1973 and worked for the Law Enforcement Assistance Administration of 1974 to Fuchs also was a deputy Salt Lake County attorney and was in private practice. He has served on the Utah State Board of Pardons and was the chairman from 1985 to Judge Michael L. Hutchings was appointed in 1983 by Gov. Matheson. He received his law degree from Brigham Young University in 1979, where he was an editorial assistant on the Law Review. He previously served as an attorney with the Salt Lake firm of Senior and Senior and was West Valley city attorney. Hutchings is a member of the Board of Editors of the Utah Bar Journal and is a master of the bench for the A. Sherman Christensen American Inn of Court I.

4 - Judge Glenn K. Iwasaki was appointed in 1992 by Gov. Bangerter. He received his law degree from the University of Utah in 1971 and entered into private practice before becoming a felony trial attorney for Salt Lake County. He also has worked for the Salt Lake Legal Defenders Association and was a partner in the law firm of Collard, Pixton, Iwasaki & Downes. Iwasaki was also an adjunct professor of law at the University of Utah and served as chairman of the Youth Parole Authority. - Judge Tyrone E. Medley was appointed by Gov. Bangerter in He received his law degree from the University of Utah in 1977 and was a research attorney for 3rd District Court and a deputy Salt Lake County attorney. Medley also was an associate with the law firm of Cotro-Manes, Warr, Green & Shand. He served as a member of the board of directors of the Crimson Club and the Salt Lake Boys & Girls Club. He is a member of the Board of District Court Judges. - Judge Frank G. Noel has served on the bench since He was appointed by Gov. Bangerter to 5th Circuit Court. Noel received his law degree from the University of Utah in 1972 and was an attorney with the Salt Lake firm of Strong & Hanni. He is a former member of the Task Force on Child Support Guidelines and the Legislative Task Force on Domestic Violence. - Judge Robin W. Reese was appointed in 1987 by Gov. Bangerter. He received his law degree from the University of Utah in 1980 and was an attorney in the firm of Tibbals, Adamson, Peters & Howell. Reese also served as a Salt Lake County attorney until his appointment. He was presiding judge of 3rd Circuit Court until consolidation earlier this year. - Judge Homer F. Wilkinson was elected to the bench in He received his law degree from the University of Utah in 1955 and was assistant attorney general from 1956 to Wilkinson also was an attorney with the firm of Shearer, Carling & Wilkinson. He was a state representative from 1967 to Judge David S. Young was appointed in 1987 by Gov. Bangerter. He earned his law degree from the University of Utah in 1969 and was chief assistant attorney general of the Criminal Division until Young organized and was the first director of the Statewide Association of Prosecutors. He also was attorney with the law firms of Stewart, Young, Paxton & Russell; Marsden, Orton & Liljenquist; and Backman, Marsh & Clark. - Juvenile Judge Olof A. Johansson was appointed in 1987 by Gov. Bangerter. He received his law degree from the University of Utah in 1968 and was chief deputy of the Salt Lake County's juvenile division from 1971 until his appointment. Johansson is also a member of the National Council of Juvenile and Family Court Judges and is a former chairman of the Board of Juvenile Court judges. - Juvenile Judge Andrew A. Valdez was appointed in 1993 by Gov. Leavitt. He received his law degree from the University of Utah in Prior to his appointment, Valdez was commissioned captain and trial counsel for the U.S. Army and supervised the Legal Defenders Association's felony/homicide division. He is the presiding judge of the 3rd District Juvenile Court and received the Board of Youth Corrections and Division of Youth Corrections Distinguished Service Award.

5 4TH JUDICIAL DISTRICT Six judges are up for retention in the district, including one juvenile court judge. The district covers Wasatch, Utah, Juab and Millard counties. - Judge John C. Backlund was appointed to the 4th Circuit Court in 1993 by Gov. Matheson. he received his law degree from the University of Utah in 1974 and was a partner in the law firm of Young, Backlund, Harris & Carter until Backlund also served as city attorney for Pleasant Grove, Alpine, Lindon, Elk Ridge and Woodland Hills. - Judge Guy R. Burningham was appointed in 1992 by Gov. Bangerter. Prior to his appointment, he served as chief deputy of the civil division at the Utah County Attorney's Office. Burningham earned his law degree from the University of Utah in He also was a partner with the firm of Burningham and Taylor from 1975 to 1977 and is a member of the Grand Jury Panel of Judges. - Judge Lynn W. Davis was appointed in 1987 by Gov. Bangerter. He previously was in private practice and served as a deputy Utah County attorney. Davis received his law degree from Brigham Young University in He is a member of the Supreme Court's Advisory Committee on the Code of Professional Conduct. - Judge Steven L. Hansen was appointed in 1993 by Gov. Leavitt. He received his degree from the Cumberland School of Law at Samford University in 1976 and was a law clerk at the state Supreme Court. Hansen practiced privately and also was Wasatch County attorney from 1986 until his appointment. - Judge Anthony W. Schofield was appointed by Gov. Leavitt in he earned his law degree from BYU in 1976 and was a law clerk in U.S. District Court. Schofield also was an associate with Ferenz, Bramhall, Williams & Gruskin in Guam for two years. He later became a shareholder/director of Ray, Quinney & Nebeker, serving until his appointment. - Judge Kay A. Lindsay was appointed by Gov. Bangerter in She received her law degree from the University of Utah in Prior to her appointment, Lindsay served as guardian ad litem for 4th District Juvenile Court. She also was an associate with the Provo firm of Taylor, Moody & Thorne. 5TH JUDICIAL DISTRICT Just two judges are seeking another term in the district, which covers Beaver, Iron and Washington counties. - Judge Robert T. Braithwaite was appointed in 1987 to the circuit court bench by Gov. Bangerter and became a district court judge in He received his law degree from the University of Utah in Braithwaite has been presiding judge of the district since January He previously was in private practice and served as the attorney for Cedar City, Parowan and Springdale. He also was a deputy Iron County attorney. - Judge J. Philip Eves was appointed by Gov. Bangerter in 1987 after serving as a judge in the 9th Circuit Court for two years. He received his law degree from the University of California in 1973 and was a Ventura County deputy district attorney until 1978.

6 Eves also served as a deputy Iron County attorney and city attorney for Parowan and Enoch. 6TH JUDICIAL DISTRICT One district court and one juvenile court judge are up for retention in the district, which serves Sanpete, Sevier, Piute, Wayne, Garfield and Kane counties. - Judge David L. Mower was appointed by Gov. Bangerter in He previously was in private practice and had served as a deputy county attorney and juvenile court referee. Mower received his law degree from the University of Utah in Juvenile Court Judge Louis G. Tervort was appointed in 1986 by Gov. Bangerter after serving as a judge in the 10th Circuit Court since He received his law degree from the University of Utah in 1968 and was a partner in the Manti firm of Tibbs & Tervort. He also was Sanpete County attorney. 7TH JUDICIAL DISTRICT Three judges seek another term in the district, including one juvenile court judge. The district covers Carbon, Emery, Grand and San Juan counties. - Judge Lyle R. Anderson was appointed in 1992 by Gov. Bangerter. He received his law degree from the University of Chicago in 1982 and was affiliated with the firm of Anderson & Anderson. Anderson was Grand County attorney from and was elected to the Utah House of Representatives in Judge Bruce K. Halliday was appointed in 1987 by Gov. Bangerter. He received his law degree from the University of Utah in 1965 and was in private practice until Halliday was the San Juan County attorney from 1979 until his appointment. - Juvenile Judge Scott N. Johansen was appointed in He previously served as Emery County attorney. Johansen received his law degree from BYU in 1977 and practiced with the Price law firm of Frandsen, Keller & Jensen. He also was city attorney for several cities and towns in Carbon, Emery and Sanpete counties. He is the former president of the Utah Association of Counties. 8TH JUDICIAL DISTRICT Only one judge seeks retention in the district, which covers Daggett, Duchesne and Uintah counties. - Judge John R. Anderson was appointed in 1992 by Gov. Bangerter. He receives his law degree in 1966 from the University of Utah. He was a partner in the law firm of Beaslin and Anderson and also served as a Vernal city councilman from 1988 to He is a member of the Judicial Education Committee.