Hilder was approved by the Judicial Confirmation Committee on a rare split vote of 3-2.

Voting in Hilder's favor were Sens. Greg Bell, R-Fruit Heights; Michael Dmitrich, D-Price; and Lyle Hillyard, R-Logan. Sens. Michael Waddoups, R-Taylorsville, and Chris Buttars, R-West Jordan, voted against him.

Buttars said he had received hundreds of e-mails, mostly from gun advocates, voicing adverse opinions of Hilder. Waddoups also cited Hilder's judicial demeanor and said he was uncomfortable with the judge's "aggressive defensive testimony" during the two-day hearing, which began Friday.

But committee chairman Greg Bell said it would be a "mistake" to penalize Hilder - who has heard thousands of cases during 13 years as a trial judge - for his rulings in two cases in which he was criticized. He said Hilder is regarded by those who work with him as "a remarkable judge" and "a man of unquestionable integrity."

Deputy Salt Lake County District Attorney Paul Boyden on Wednesday reiterated that Hilder's 2003 ruling in favor of the U. was a narrow interpretation of a statute that never reached the issue of the constitutional right to bear arms.

Boyden said a written ruling penned by attorneys - approved by the Utah Attorney General's Office and signed by Hilder - contained "irrelevant" information that was not part of Hilder's holding.

The committee also heard testimony about Hilder's handling of a three-year-long Summit County child custody dispute that ended with the shooting death of Natalie Turner in 2003.

Hilder was questioned about ordering Turner - who wanted to move to Idaho - to remain in Utah or lose primary custody of the children.

Matthew Davies, the psychologist who interviewed the parents and their two children, called Hilder "an incredibly astute and fair judge" who is "very child sensitive." Davies said he suggested that course of action to the judge so the children could have ongoing contact with both parents.

Davies said nothing in his interviews with the parents forewarned that the custody dispute might turn deadly.

David Turner criticized Hilder during the hearings for not having ordered child support for his daughter. Hilder said that early on in the case, he awarded Natalie Turner $3,900 a month for the mortgage plus $1,200 - what the woman had asked for - and that her attorneys never raised the issue of child support.

Turner, 31, was killed by police on Aug. 8, 2003, after she and her fiancé, David Gaylor, 31, went to the Wasatch County home of her ex-husband, John Pochynok.

Turner's family has said the pair hoped to make a deal with Pochynok to end the custody dispute. Police believe the two intended to kill Pochynok.

Neighbors heard gunshots and saw a car with three people speed away.

After a police chase, officers saw Turner and Pochynok fighting for a gun inside the car and heard shots. A wounded Turner emerged from the car with the gun and pointed it at three officers, prosecutors said. Turner said, "My life is over," just before two officers shot and killed her.

shunt@sltrib.com