Thursday, March 12, 2009

Breaking: Senate Confirms DeCaria for Judgeship 24-3

Ogden homeboy Mark Decaria will be donning judge's robes and ruling from Ogden's 2nd District Court bench

Good news for Weber County local self-government advocates from this breaking Salt Lake Tribune story:
Weber County Attorney Mark DeCaria will soon be donning judge's robes and ruling from a 2nd District Court bench.
State senators confirmed the Democrat's appointment Thursday in a 24-3 vote.
"The man is one of the most prepared people I've seen this body ratify as a judge," said Sen. Jon Greiner, R-Ogden, describing DeCaria as "a great attorney, a stellar, stand-up kind of guy."
Despite the unanimous pro-Decaria recommendation from the Weber County Republican Party Executive Committee, Democrat DeCaria's appointment nevertheless caught flak from the Utah legislative GOP wingnut faction:
Republican senators Mark Madsen, Howard Stephenson and Steve Urquhart cast the dissenting votes.
"I just think there are a lot of qualified people in the state, I think we could have done better," Urquhart said, declining to comment further.
Decaria's approval by the overwhelmingly GOP state senate demonstrates the kind of bi-partisonship which we'd like to see on the Hill in the future.

As an Ogden home-boy who has demonstrated sound prosecutorial discretion and concern for our local citizenry during his tenure as Weber County Attorney, Decaria is an ideal choice for a seat on our Ogden-headquartered 2nd District Court bench, we believe.

If Senators
Madsen, Stephenson and Urquhart had prevailed, Judge Baldwin's now vacated seat would no doubt be occupied by an out-of-area judicial carpetbagger, with no familiarity with the local neighborhood.

And what say our gentle readers about all this?


Curmudgeon said...

Not being especially familiar with DeCaria's work as WC Attorney, can't predict with much confidence what kind of judge he will be. His being a Democrat of course is a good sign, but we'll have to wait and see a while before drawing any sound conclusions about the wisdom of his appointment. List me "cautiously optimistic."

That said, it was embarrassing to watch Decaria bowing and scraping to the wingnut Senate Republican questioners on his committee, particularly on the questions about his views on "judicial activism." He was Officially Aghast that anyone might think him even possible of being a "judicial activist" on the bench.

"Judicial activism" is of course one of the Right Wing's code words for "rendering decisions we don't agree with." Decaria could have --- should have --- added to his forelock tugging cringing before the Wing Nuts on the Committee, this: "But I should add, Senator, that on some matters there is disagreement about what the law requires, about the meaning of passages in the state Constitution. That a justice might conclude, on any particular matter, that the law or the Constitution means something different than you think it means would not constitute 'judicial activism' on the judge's part. Matters often come before judges because people disagree in good faith about the meaning and intent of language in laws and in the state constitution."

But, sadly, he didn't.

I know, I know, abject cringing and genuflecting to the Wing Nut Republican leadership was probably necessary to get confirmed. But it was embarrassing --- and disconcerting --- to watch none the less. I expect more backbone on behalf of principle and honesty from nominees for the bench. Especially from Democratic ones.

dan s. said...


My thoughts exactly when I read about DeCaria's hearing.

ozboy said...

Of course DeCaria will not be an activist judge - any more than he was an activist County Attorney.

In my book he will always be a shameless and spineless Pettifogger who didn't have the guts or the integrity to act on the numerous complaints about the criminal activities of the Godfreyites.

And of course Greiner likes him! It was DeCaria after all that made sure any investigations of Griener and the Lil Lord over the Van Gate debacle went exactly nowhere.

I think the guy is an embarrassment to the legal profession, and now the judiciary.

too stunned to speak said...

I can't believe I am reading a Rudizink article praising de Caria's pick for a judgeship.

Please tell me it isn't you, Rudi.

Now I can't trust anyone to actually tell it like it is. Please tell me your comments were made "tongue in cheek".

You know as well as I do that de Caria is a spineless wimp of a guy who steadfastly refused to rock the boat in Weber County by doing anything about numerous complaints.

What a pitiful excuse for a county attorney. I predict he will be another Judge Parley Baldwin type when it comes to citizens' rights to bring a legitimate suit against Weber County and Ogden City when and if that time arrives.

I agree with Sen. Stephenson on this one.

RudiZink said...

"I can't believe I am reading a Rudizink article praising de Caria's pick for a judgeship."

When you get through being stunned, I'm sure you'll come to realize, sooner or later, that the appointment for an important District court seat involves more than an appointee's performance in "one single case."

The newly-apponted judge DeCaria is an excellent choice for the 2d District Court in my opinion, all-in-all.

If he screws up after his appointment, we'll be all over him, of course.

For my own part I like his moderate temperment. He'll be a good addition to the bench, I think.

Much better to have somebody sitting in a "life or death situation" who's legally moderate, than an agressive "hangin' judge,"
I believe.

Sorry, "too stunned." In the world that we live in, sometimes ivory tower ideology has to yield to "practical reality."

oldtimer said...

Never settle for second or third best or worse which was the case with de Caria

acura 101 said...


you need to take a vacation to clear your perspective. too many late nights have befuddled you.

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