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Utah Senate confirms Sue J. Chon to Third District Court after committee recommendation against her
Summary
The Utah Senate voted to confirm Gov. Gary R. Herbert's nominee Sue J. Chon to the Third District Court despite a 4–2 committee recommendation not to confirm; the full Senate approved the nomination 17–10 with two senators absent after members debated experience concerns and media coverage.
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The Utah State Senate confirmed Gov. Gary R. Herbert's nomination of Sue J. Chon to the Third District Court after a divided debate and roll-call vote.
The confirmation followed a June 19, 2012 communication from the governor transmitting Chon's nomination under Article 8, Section 8 of the Utah Constitution and Utah Code §78A-10-101. A judicial confirmation committee had met and voted 4–2 not to endorse the nomination; the full Senate later voted to approve the appointment, 17 yeas to 10 nays, with 2 senators absent.
Supporters said Chon is qualified based on prior legal and community work. "I found her to be a very delightful, wonderful person," one senator said after speaking to former employers; another noted Chon's experience overseeing a multicultural legal center and her work with victims' advocacy.
Senator Dayton, explaining his "no" vote, said he was troubled by the way the committee's action had been characterized in media coverage and warned against judging candidates by gender or ethnicity. "I picked up the tribune this morning and on the front page ... it says the committee rejects gov's only minority judge pick," he said, adding that he did not believe gender or ethnicity should qualify or disqualify a candidate. Dayton said he would vote no while acknowledging committee members had done their work.
Other senators urged a review of the confirmation process to ensure consistency and suggested involving a third party of qualified judges and attorneys to help rate candidates' qualifications. Several senators who had listened to audio or met with Chon described her as capable and urged confirmation.
The Senate then sent the confirmed nomination to the governor. Following the vote, Chon and supporters were invited to the podium; Chon thanked the governor and senators and introduced family and backers in the gallery.
The committee's 4–2 negative recommendation and the subsequent full-Senate confirmation highlight a split between the committee's view of the candidate's trial experience and the full Senate's readiness to confirm her. No additional reforms to the confirmation process were enacted during the session; several senators requested that the process be reviewed in the future.
Next steps: The Senate transmitted the confirmation to the governor as its formal action approving Chon's appointment to the Third District Court.
