We gathered on March 15, 2023 to honor Judge Dave Connors' fifteen years of service in the Second District of the State of Utah. These are his remarks:

Thank you all for being here. People ask me, “Are you excited to retire?” and I can’t answer that question, “Yes”. It’s an exciting day. It’s an interesting day. It’s an ending of a phase and hopefully the beginning of another phase. But I can’t be excited about it because there’s so much I will miss about what I do here. I’m grateful to the Chief Justice for coming here. I have been able to sit and watch him lead the judiciary of the state, and I can tell you we are in good hands. He is a wise, capable leader and I appreciate him. I’ve had the opportunity to sit by designation on the Supreme Court a few times. I love Chief Justice Durrant, but I actually wrote a dissenting opinion on one of his majority opinions. I say that just to note that it's one of the beauties of our process--that there are people we can disagree with on their issues and yet still wrap our arms around each other and say we love and appreciate each other. I appreciate him for all he’s done.
Judge DiReda is like a brother to me. When I applied for this judgeship he and I were two finalists. I ended up getting that judgeship and he got the next one. So, we've kind of been joined together ever since then, and it’s been a beautiful experience. I need to tell you a few stories about Judge DiReda. I apologize I’m probably going to take longer than I should.
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| Judges DiReda and Connors |
Judge DiReda and I served together as Presiding Judge and Associate Presiding Judge as the pandemic hit. We got to do some very challenging and interesting things together. We spent a lot of time on the phone together late hours at night as we were trying to help the judiciary pivot and be able to respond to the needs of the citizens and at the same time protect our staff. It was a very difficult time. We got to do one fairly interesting thing together--I’m sure Judge DiReda will remember this. During that period of time there happened to be a tie election up in Morgan County. Judge Hyde was there with us too. I don’t know if you know this, but under the statutes of the state of Utah, when there’s a tie election the local District Court convenes and breaks the tie by whatever method of casting lots they feel is most appropriate. So Judge Hyde, Judge DiReda, and I, and I think Judge Renstrom was with us, went up to the Morgan County courthouse one day and we met with the candidates and others who were with them. We had a ceremonial bowl and put twelve copies of each candidate's name in there. Then we literally drew names out of that bowl to pick the winner of the election. It made national headlines, as these are things that don’t happen very often. Judge DiReda’s been a true brother in this process and we’ve had the opportunity to spend many, many hours together talking about issues of importance in our district. I thank him for that.
Senator Adams shared some of our stories. Our families have known each other for three or four decades. As he said,, my mother-in-law and my sister-in-law worked with his family‘s real estate company and I’ve known Stuart, his brother Dave, and their parents for 35-40 years. I appreciate him being here. He told the story about the role I was able to play helping mediate the Legacy Parkway issue between Salt Lake City Mayor Rocky Anderson and the legislature. Let me tell you why I believe I was able to do that. It primarily because I considered both of them my friends. Mayor Anderson had different ideas than I had, but we were good friends. We were mayors together and we worked together on the Wasatch Front Regional Council. I was one person that he felt he could call when he needed to talk to someone about things that were happening on the council. And so, when Stuart asked me to get involved, it was easy for me to be able to reach across the table to someone with whom I may not have shared all of his political views, but he was a friend. All I can say is that I hope that’s how we approach politics; that we can talk with those with whom we might not agree and yet do it in a way that’s not disagreeable. Thank you Senator for being here.
I don’t know what I can say about Cori. It’s unfair for me to speak after Cori because I’m just going to break down bawling. I am going to tell you one story about Cori that happened in this courtroom. I was sentencing to prison a serious offender. He’d been in custody for period of time, he’d been in jail, and now it was time for his final sentencing. There was just no doubt, given the nature of the crime, that he was going to be sentenced to prison. But he was a talkative sort of fellow, and he stood at this podium (back in the day when we used to have sentencings in the courtroom) and said to me, “Your Honor? I've spent some time in jail; I’m really trying to turn myself around and I just want to tell you I’ve been thinking about the lyrics to a song sung by one of my favorites performers, Chris Ledoux. And based on his lyrics, I’m just gonna get back on that pony and ride.” I said “Stop. Do you recognize my wife wrote that song?” As I said earlier, she’s the famous one in the family. She’s a singer songwriter. Chris LeDoux and others have performed her songs nationally and internationally. So, I had to stop and say to counsel “Do you think I need to recuse myself because he’s quoting my wife’s song lyrics to me?” Jason Nelson, who was the prosecuting attorney, stood up quickly and said “Oh, I love that song too.” Clearly he was not going to be outdone by the criminal defendant. Jason, just so you know, has been appointed to fill the judicial vacancy created by my retirement. He’s the newest judge in the District. Stand up Jason. (applause from the audience and gallery of judges) We have some funny things that happen in our courtrooms.
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Judge Cristina Ortega and Dave flank the newly sworn-in judge, Jason Nelson. |
Thank you to my family for being here. There are just no words to express what it means to have the love and support of your family and I appreciate that. I love having you all here, and our Kate who I think is watching online.
I’d like to make a shout out to our court staff. They are the face of the judiciary. They are the people that members of the public generally interact with. By the time someone gets to being in front of me, they’re well into the process. Our staff is critical to our mission of ensuring that people feel that they have access to justice. I so much appreciate them. I have my team over here--Kalin, Cassey, and Audrey--they are my back-up team, but really they’re the front lines. They’re the ones that, when people call, are able to help them through the process. I’ve never been in the military, but over the last three or four years I went through the pandemic and I’ve seen what it takes from a group of people like our staff to come together under incredibly trying times to do the things that have to be done. You can’t even imagine what a pivot it was for us at that time to bring everyone together; we had to completely change the way we do business. And yet, within a matter of weeks, we figured out how to do it, and that was all to the credit of our staff. We judges did what they told us to do, and they found a way to be able to bring justice, to bring the courts, to the people under the most difficult of times. Frankly, even in the situation where we have wars on foreign soils we don’t have the impact on the court system that we had during the pandemic. And they did it, they did it! They came together, they showed us how to do it, and we were able to run the courts together.
I’m going to tell you one other pandemic story because it’s important to me. At the beginning of the pandemic, as everything was shutting down--we even had an earthquake that helped shut things down--we had to quickly figure out how to deal with things. Because we were in the second wave of the pandemic and had seen what was happening back east in New York, and other places, we knew the most serious place where the pandemic disease was spreading was in the jails and prisons. We had to find some way to address that. It was not appropriate to essentially sentence someone to the Covid disease by taking them into custody. Our Chief Justice and judicial council issued an administrative order that said, essentially, “Do what you can do to try to release non-violent criminals, and get them in back into the community so our jails are not being incubators for the pandemic.” I met together with the chief prosecutor of Davis County, Troy Rawlings, with the chief public defender, Todd Utzinger. We had the blessing of the chief law enforcement officer, our Sheriff, and I had consulted with Associate Presiding Judge Mike DiReda. We jointly signed an order that allowed the jail to release those who were non-violent criminals, so we could dramatically reduce the number of inmates, and allow them to be socially distance and take care of things in the jail. For many months after that, Davis County Jail was absolutely Covid free. It was an incredible feat.
Cori sort of mentioned this to you; I was raised in the Catholic faith. That meeting I just described took place on the morning of Good Friday in 2020, a holy day in the Catholic Church. In the days of Christ it was a Passover Festival custom that the governor release a prisoner to the people. I pointed that out to that group when we met together, here in the courtroom to sign that order, that proclamation. It’s very important to me that we were able to do this, and that we were doing it on such a symbolic day, Good Friday 2020.
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Pilate offers to release Jesus. The people choose Barabbas instead. |
This is very tough for me, I apologize. I’m going ask you to do something with me. I think it was the Judge Russell who talked about the oath of office. A little more than 15 years ago when I was appointed by Governor Hunstman to be in the judiciary, I swore an oath. I’m going to repeat that to you: I do solemnly swear that I will support obey and defend the constitution of the United States and the constitution of the state of Utah. That I will discharge the duties of my office with Fidelity.
I’ve sworn that oath around ten times in my life; as a law clerk to a federal judge, as a member of the Bar, as a city council member in Farmington, as a mayor in Farmington, as a new judge, and each time I was retained as a judge I have had the privilege of swearing that oath. Our law enforcement officers and our veterans swear a similar oath. Our legislators swear that oath.
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Some high school theater students preparing to put on the play "Twelve Angry Men" are welcomed into Dave's chambers. |
I was speaking to a group of high school students in the courtroom next door earlier this week. We talked about that oath. I had bailiffs in the room with me, as we have bailiffs here now. I said, to those students: “There’s not a bailiff in this room that wouldn’t take a bullet for me. I know that; it's because they swore an oath to defend the constitution. They wouldn’t do it for me personally, but they do it because of the position I hold.” I know that they would do that. I have every confidence in them.
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Dave's assistant and bailiff. His bailiff pulled me aside and said, Judge Connors is wrong. I would take a bullet for him personally, not just because he is a judge. |
You’ve all sworn an oath. And I’m going to ask you to do something, if you don’t mind. You’ve been sitting here a long time. I want you all to stand up. We have a flag here in the courtroom and I’d like you to join me in the Pledge of Allegiance. [The entire audience stood and recited together the Pledge of Allegiance.]
We used to say that in grade school at the beginning of the day. We used to say it at the beginning of every city council meeting. It means something--"one nation, under God, indivisible, with liberty and justice for all." I’d like to talk for a few moments about what that means. What does "liberty and justice for all" really mean?
In the Declaration of Independence our founding fathers declared “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator, with certain unalienable Rights, that among are Life, Liberty, and the pursuit of Happiness.” One of my favorite songs, one that you’re all familiar with, is America the Beautiful. My favorite verse in that song is the second verse, lyrics by Katharine Lee Bates:
America! America! God mend thine every flaw,
Confirm thy soul in self-control,
Thy liberty in law!
What is liberty? I’m going to quote one of my favorite poets/playwrights, Henrik Ibsen. Henrik Ibsen, by the way, was a Norwegian playwright, a very famous one, the world’s most frequently performed dramatist after William Shakespeare and the founder of modern theater. He was a bit of a rebel. He wrote in the late 19 century. He was an ardent supporter of women’s rights. Most of the protagonists in his plays are strong women dealing with the suppression and oppression of Victorian era mores, who then deal with overcoming those obstacles. When I was an undergraduate, even though my major was political science, I took as many English classes as political science classes. I got to study Ibsen in some depth and he is one of my favorite writers. Tucked in one of his letters to a friend of his is this definition of liberty, which I have always taken to heart in my life. I’m quoting now:
“He who possesses liberty as something already achieved possess is it dead and soulless.For the essence of the idea of liberty is that it continue to develop steadily as men pursue it and make it part of their being. Anyone who stops in the middle of the struggle and says ‘Now I have it’ shows that he has lost it.”
When I was young, my mother would often quote for me the lyrics to what was a popular song when I was growing up (which was the long time ago, in the late 60's and early 70's). There was a Broadway musical known as Man of LaMancha, followed then by a film by the same name. A wonderful lead song in that production was called The Impossible Dream. My mother would often remind me of the lyrics. She’d send me notes that said “Follow your star. Dream your dream.” I keep this copy of Don Quixote, which is the work on which Man of LaMancha is based, on my desk, and have for many years. It's a bit of an homage to my mother. But when I read the definition of liberty as laid out by Henrik Ibsen, and the notion that we have to keep struggling for that always, I think of the lyrics of that song--to dream the impossible dream. I think of my mother’s admonition to continue to chase those dreams, to follow that star. As the song says: "This is my quest, to follow that star, no matter how hopeless, no matter how far. To fight for the right without question or pause. To be willing to march, march into Hell for that Heavenly cause. And I know if I’ll only be true to this glorious quest, that my heart will lie peaceful and calm when I’m laid to my rest."
I’m grateful to all of you for joining in this quest, for recognizing the need that we have to be continually looking for better ways. We’re not perfect. We never will be perfect. Our system is not perfect. But we’re trying so very hard to make it the best we can. When we are dealing, as Henrik Ibsen did, with those who are being oppressed, we need to understand and to reach out, to lift those around us. We need to use whatever influence we have to recognize that there are those among us who need help. We need to help.
I’ve been blessed for so many years to be in this position. As Judge DiReda said, every day we see people on the worst days of their lives. They are criminal defendants or they are divorce litigants, and frankly that’s about 75 or 80% of what we do. They’ve got to get through this process in order to be able to move on with their lives. Every day I get to help them move from point A to point B, and then they can make that decision to make something better with their lives. What better service could we offer to our fellow men and women than that? We get to help people through this process. We offer them a process that they can get through in order to reach a goal, that they can strive for their impossible dream, just as we strive for ours.
Thank you. I appreciate you all being here. I appreciate the opportunity I’ve had.
Thank you.