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Utah Senate unanimously confirms Heather Brereton to Third District Court

Utah State Senate · September 16, 2015
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Summary

The Utah State Senate on Sept. 16, 2015, consented to Gov. Gary R. Herbert's appointment of Heather Brereton to the Third District Court after a favorable report from the Senate judicial confirmation committee and a roll-call vote of 21-0 with eight senators absent.

The Utah State Senate on Sept. 16, 2015, unanimously consented to Gov. Gary R. Herbert's appointment of Heather Brereton as a judge of the Third District Court during an extraordinary session at the state Capitol.

Senate President Wayne L. Niederhauser called the sixth extraordinary session to consider the July 27, 2015, appointment letter from the governor and read the transmittal to the body. Senate judicial confirmation committee chair Sen. Scott K. Jenkins told the chamber the committee met on Sept. 9, 2015, and reported a favorable recommendation for Brereton, and he moved that the Senate consent to the appointment.

The Senate proceeded to a roll-call vote. The presiding officer announced 21 "yea" votes, 0 "nay" votes and 8 senators absent; the motion carried and the Senate consented to the appointment. The roll-call was completed as read on the floor; the transcript records the overall tally but does not provide a complete, unambiguous list of each individual recorded vote in the posted transcript.

After the confirmation, Heather Brereton addressed the chamber and thanked family members, colleagues and staff who assisted in her nomination process. Brereton said she was "humbled and honored by this confirmation" and pledged to "work very hard in the position of a district court judge" and to "do the best job that I can do to represent the citizens of the state of Utah" by applying the laws the legislature enacts.

Senators briefly noted the unusual early start time of the 7 a.m. session and the historic nature of confirming a judge at that hour. The Senate then dissolved the Committee of the Whole and adjourned. An administrative announcement followed about transportation for members returning to Spanish Fork.

The appointment letter referenced the Utah Constitution and Utah Code as the authorities for the governor's nomination and the Senate's confirmation; the transcript cites Article 8, Section 8 of the Utah Constitution and accompanying provisions of Utah code.

Next steps: the transcript documents the Senate's consent and the nominee's remarks; the record in this session does not show a separate swearing-in ceremony on the floor, and no subsequent effective date for Brereton's commission is specified in the session transcript.