Duties of the Senate: advice and consent

From left: David R. Clark, Shawn Millne, Stephen Roth, Greg Johnson

From left: David R. Clark, Shawn Millne, Stephen Roth, Greg Johnson

Advice and consent may not be quite as well-known a duty of the Senate, but it’s an important one.

For the constitutional scholars, Article II, Section 2, Paragraph 2 states,


“(The President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”


The above paragraph essentially says when the executive branch of the U.S. government wants to A) make treaties, or B) make appointments to public positions, it is the duty of the legislative branch – the Senate specifically – to provide advice and consent on those treaties or appointments. In short: the president nominates, the Senate confirms.

Just as the U.S. Senate confirms appointments made by the president, so too does the Utah Senate confirm appointments made by the governor.

Title 67, Chapter 1, Section 1 of the Utah Code states, among other things, “(The Governor) shall make appointments and fill vacancies as required by law.”

The process starts with the governor finding well-qualified, properly-vetted candidates for vacant public positions. These appointments can be judges, council members, board members, commissioners, etc.

Title 67, Chapter 1, Section 2 of the Utah Code, in summation says the once the governor has selected those candidates who will best serve the needs of Utahns, he writes a letter to the Utah Senate and to the Office of Legislative Research and General Counsel to recommend candidates for confirmation.

For example, for judicial nominations, the Senate Judiciary Confirmation Committee holds a committee hearing in which the nominee, as well as other people, may offer statements and answer questions posed by Committee members. After the hearing, the Judiciary Committee votes on whether to recommend confirmation of the nominee by the full Senate.

Unless the Senate should find any reason to refuse a specific candidates or candidates, the Senate will then consent to the nomination(s).

Advice and consent took place Feb. 5 during the daily Senate floor time and the following candidates’ nominations were confirmed:

State Money Management Council:

S. Ted Elder (R) is appointed to replace Marina Scott (U) as a city treasurer representative on the State Money Management Council, a term to expire March 1, 2023.

Permanent Community Impact Board:

Garth “Tooter” Ogden is appointed to replace Ron Winterton as the Sevier County representative as nominated by the Six County Association of Governments on the Permanent Community Impact Board, the remaining portion of the term to expire July 1, 2022.

Newell E. Harward is appointed to replace Garth “Tooter” Ogden as the representative nominated by the Six County Association of Governments on the Permanent Community Impact Board, the remaining portion of the term to expire July 1, 2020.

Public Service Commission:

David R. Clark (R) is reappointed as commissioner on the Public Service Commission, a term to expire March 1, 2025.

Utah Communications Authority Board:

Wayne Parker is appointed to replace John Park as the Utah League of Cities and Towns representative on the Utah Communications Authority Board, the remaining portion of the term to expire August 1, 2019.

Real Estate Commission:

Richard S. Southwick is appointed to replace Calvin Musselman as a member with at least five years of experience in real estate on the Real Estate Commission, the remaining portion of the term to expire June 30, 2022.

Real Estate Appraiser Licensing and Certification Board:

Richard Sloan is reappointed as a member of the Real Estate Appraiser Licensing and Certification Board, a term to expire July 1, 2022.

Governor’s Economic Development Coordinating Council:

Brandon Fugal is appointed to replace Vance Checketts as a member of the Governor’s Economic Development Coordinating Council, a term to expire January 1, 2021.

Lori Belnap Pehrson is appointed to replace Randy Tymofichuk as a member of the Governor’s Economic Development Coordinating Council, a term to expire January 1, 2021.

Private Activity Bond Review Board:

Dean Lundell is appointed to replace James Davidson as the Utah League of Cities and Towns representative on the Private Activity Bond Review Board, a term to expire April 30, 2023.  See Utah Code § 35A-8-2103.

Utah Arts Council Board of Directors:

Leroy Transfield is appointed to replace Blair Buswell as the sculptor representative on the Utah Arts Council Board of Directors, a term to expire June 30, 2023.

Quality Growth Commission:

Jenney Rees is appointed as a member of the Quality Growth Commission as nominated by the Utah League of Cities and Towns, the remaining portion of the term to expire September 30, 2019.

Utah Athletic Foundation Board of Directors:

Noelle Picus-Pace is appointed as a member of the Utah Athletic Foundation Board of Directors, a term to expire March 1, 2022.  See SJR 1 Passed February 3, 2007 and Bylaws of Utah Athletic Foundation. 

Molly Mazzolini is appointed to replace David Winder as a member of the Utah Athletic Foundation Board of Directors, a term to expire March 1, 2022.  See SJR 1 Passed February 3, 2007 and Bylaws of Utah Athletic Foundation.

Luke Bodensteiner is reappointed as a member of the Utah Athletic Foundation Board of Directors, a term to expire March 1, 2021.  See SJR 1 Passed February 3, 2007 and Bylaws of Utah Athletic Foundation.

Natalie Gochnour is reappointed as a member of the Utah Athletic Foundation Board of Directors, a term to expire March 1, 2021.  See SJR 1 Passed February 3, 2007 and Bylaws of Utah Athletic Foundation.

Eric K. Hutchings is reappointed as a member of the Utah Athletic Foundation Board of Directors, a term to expire March 1, 2021.  See SJR 1 Passed February 3, 2007 and Bylaws of Utah Athletic Foundation.

Child Care Center Licensing Committee:

Matt Wallace is appointed to replace Scott Smith as an architect licensed in the state representative on the Child Care Center Licensing Committee, a term to expire June 30, 2023.

Jamie Bitton is appointed to replace Genevieve M. Romero as a member with at least five years of experience as an owner in or director of a for profit or not-for-profit center based child care on the Child Care Center Licensing Committee, a term to expire June 30, 2023.

Dale Don Smith is reappointed as a member of the Child Care Center Licensing Committee, a term to expire June 30, 2022.

Board of Water Resources:

G. Wayne Andersen (R) is appointed to replace Steve Farrell (R) as the Provo River District representative on the Board of Water Resources, a term to expire January 1, 2023.

Norman L. Johnson (U) is reappointed as a member of the Board of Water Resources, a term to expire January 1, 2023.

Blaine Ipson (R) is reappointed as a member of the Board of Water Resources, a term to expire January 1, 2023.

James Arnold Lemmon (D) is reappointed as a member of the Board of Water Resources, a term to expire January 1, 2023.

Utah Indigent Defense Commission:

Shawn Milne is appointed to replace Claudia Jarrett as a member of the Utah Indigent Defense Commission as nominated by the Utah Association of Counties from a county of the third through sixth class, the remaining portion of the term to expire June 15, 2020.

Commission on Criminal and Juvenile Justice:

Judith S. Hanson Atherton is reappointed as the citizen member on the Commission on Criminal and Juvenile Justice, a term to expire December 31, 2022.

Board of Pardons and Parole:

Stephen L. Roth is appointed to replace Camille Anthony as a Pro-Tempore member of the Board of Pardons and Parole, the remaining portion of the term to expire, February 28, 2020.

Kristine Merrell Rogers is appointed to replace Jennifer Bartell as a Pro-Tempore member of the Board of Pardons and Parole, a term to expire February 28, 2024.

Greg Johnson is appointed to replace Chyleen Richey as a full-time member of the Board of Pardons and Parole, the remaining portion of the term to expire February 28, 2022.

Davis Technical College Board of Directors:

Tucker Morgan is appointed to replace Bart Warner as a transportation industry representative on the Davis Technical College Board of Directors, a term to expire January 31, 2023.

Utah State Board Of Education:

Shawn E. Newell is appointed to replace Kathleen Riebe as the District 10 representative on the Utah State Board of Education, the remaining portion of the term to expire, December 31, 2020.