Matheson v. Ferry

I concur that the judicial nominating commissions are constitutional, but I dissent from the majority’s holding that the law requiring Senate consent to judicial appointments is unconstitutional.

In brief, I differ with Judge Bullock’s opinion that the challenged legislation constitutes an unconstitutional legislative exercise of an executive power, because that opinion fails to show that the power to appoint judges is an executive power under the Utah Constitution. (Part III herein.) I differ with Justice Howe’s opinion that this legislative involvement in judicial selection violates the…