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Senate Consents to Two Third District Court Appointments

Utah State Senate · January 27, 2015
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Summary

The Utah Senate unanimously consented to Gov. Gary R. Herbert’s appointments of James Gardner and William Kendall to the Third District Court, with both confirmations recorded as 28–0 and one absence; both appointees addressed the chamber and pledged to carry out judicial duties with integrity.

The Utah State Senate on the second day of its session unanimously consented to Gov. Gary R. Herbert’s appointments of James Gardner and William Kendall to the Third District Court.

The confirmations followed the reading of the governor’s letters transmitting the nominations and a favorable report from the Senate judicial confirmation committee. Senator Jenkins moved consent to the appointment of James Gardner; a roll call produced 28 votes in favor, 0 opposed and 1 absent, and President Niederhauser announced the Senate’s consent. The chamber took the same action for William Kendall shortly afterward, again recording 28–0 with one senator absent.

Why it matters: Third District judges hear significant felony and civil matters in regions across central Utah. Filling open circuit seats ensures court calendars move forward and reduces the need for temporary appointments or reassignments of sitting judges.

James Gardner, appearing before the chamber, thanked his family, the Judicial Nominating Commission and Gov. Herbert for the opportunity, and said he would “work hard” and be “humble” in the office. Gardner said he takes seriously the oath to “support, obey and defend” both the U.S. and state constitutions and pledged to discharge his duties with fidelity.

William Kendall, who also addressed the Senate, thanked the governor and senators for the confirmation. He described the confirmation process as “rigorous, but fair” and said he would carry out judicial duties ‘‘with reason and integrity’’ and aim to ensure those who leave his courtroom feel their voices were heard.

Senator Bramble read a formal citation honoring the late Speaker Becky Lockhart earlier in the session and presented it to her family; senators also recognized students and guests in the gallery.

What’s next: The new judges will take the oath of office and assume their caseloads in the Third District; the Senate has transmitted the consents to the appropriate administrative channels for processing.