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Utah Senate Consents to Franklin Richard Smith III for Fourth District Juvenile Court
Summary
The Utah State Senate voted 25-0, with four absences, to consent to Governor Gary Herbert's appointment of Franklin Richard Smith III to the Fourth Judicial District juvenile court; Smith addressed the chamber after the vote, pledging humility and a focus on children and families.
SALT LAKE CITY — The Utah State Senate on Dec. 5 consented to Governor Gary Herbert’s appointment of Franklin Richard Smith III to serve as a judge on the Fourth Judicial District juvenile court, the chamber announced after a roll call vote.
The Senate placed the question following a favorable report from the Senate Judicial Confirmation Committee and a letter from the governor. The clerk recorded the vote as 25 yays, 0 nays and 4 absent; the presiding officer declared that the Senate had consented to the appointment.
Senator Scott Jenkins, chair of the confirmation committee, told colleagues the panel had interviewed Smith — referred to in the hearing as “Rick” — and “found him to be a wonderful individual, very competent” who performed well in the interview process. Multiple senators spoke in support of the nomination, including one who said Smith had worked in his law firm and “was a man of great integrity, good solid work ethic.”
After the vote, Franklin Richard Smith III addressed the Senate. “It is overwhelming to be standing before you today. I feel extremely humbled and grateful for this opportunity and for the vote of confidence that you’ve expressed in me,” he said, and described his work with the Guardian ad Litem program and a personal adoption of a former client as motivating his approach to juvenile cases. “My pledge to you and to the citizens of the Fourth Judicial District … is to never forget that every tearful child, every troubled teenager … started out the same way,” he said.
The governor’s communication read to the Senate stated the appointment was made Nov. 6, 2012, and cited Article 8, Section 8 of the Utah Constitution and relevant Utah Code provisions that govern judicial appointments and the information the governor must forward to the Senate. The presiding officer also noted that, under the constitution, the Senate must consider judicial appointments within 60 days of the appointment and that an extraordinary session had been called for Dec. 19, 2012, at 1 p.m. if further consideration were necessary.
The confirmation was recorded before the nominee addressed the chamber; the transcript does not record the administration of an oath during the session. After his remarks Smith introduced family members in the gallery and thanked staff and colleagues for their support. The Senate then moved to dissolve the Committee of the Whole and proceeded with closing business.
— Reporting by the Utah State Senate transcript; quotes and attributions come from the session record.
