As the confirmation for 3rd District Judge Robert Hilder approaches, state senators are receiving hundreds of e-mails supporting and condemning the judge's promotion to the Utah Court of Appeals.

Gun-rights supporters have targeted the judge for defeat in Wednesday's Senate confirmation vote, while members of the legal community are striving to muster support.

But vote counters on both sides of the issue believe Hilder is in jeopardy of becoming the first judge in memory to go down in a floor vote of the Senate, though none would say so on the record.

Gun-rights activists have focused on Hilder's 2003 ruling allowing the University of Utah to enforce its campus gun ban. The Utah Supreme Court later overturned the ruling.

"Appealing the ruling of a trial judge is difficult and expensive but appealing a ruling from the Court of Appeals is prohibitively difficult and expensive," said Charles Hardy, policy director for the Gun Owners of Utah.

He paints Hilder as being "hostile toward the individual right to own a gun."

However, lawyers around Utah say the ruling had nothing to do with the Second Amendment, but rather a law concerning a state agency's ability to contract with its employees. In the case of the U., Hilder ruled the school had the right to create policies for its employees and students and avoided any ruling on the right to bear arms.

"His decision was not based on any Second Amendment provision," said Felshaw King, a Utah State Bar commissioner.

But that doesn't placate gun-rights activists, who have been asked to bombard lawmakers with form letters and e-mails asking for a 'no' vote.

In addition to the U. ruling, Hardy points to Hilder's decision not to install gun lockers outside his courtroom for concealed-weapon permit holders to stash their guns.

"Those who have an opinion on what Utah's law should state need to serve in the Legislature."

Other concerns also emerged last week during a legislative committee hearing, ranging from concerns about Hilder's equal treatment of those who appear in his court to his judicial temperament to how he handles Fourth Amendment search and seizure rights.

Hilder cleared the committee on a close 3-2 vote, with Senate President-elect Mike Waddoups, known as the father of most Utah gun laws, opposing him.

Sen. Howard. Stephenson, a critic of Hilder's, has publicly predicted the vote will be close.

But supporters are hoping to marshal widespread support for Hilder to blunt critics' assault.

In a letter to senators, current and past Utah State Bar presidents said Hilder "has a keen intellect, an even judicial temperament and his tremendous work ethic is well known."

Nate Alder, president of the Utah State Bar Association, said Hilder consistently ranks in the top three judges in judicial performance reviews by lawyers.

"I understand there are groups focused on one issue, and I don't begrudge them that, but I wish they could see what I see," Alder said. "There are hundreds and hundreds of lawyers who have nothing but admiration for him."

Randall Edwards, a Salt Lake attorney who was a founding member of the group Utahns Against Gun Violence, goes a step further. He says special interests influencing judicial selection will lead to the downfall of an independent judiciary.

"He's a good judge, a fine appellate judge, a fine district court judge, but the issues he's facing don't have anything to do with whether he's a good judge," Edwards said. "If that's the case, the problem is going to be a lot bigger than Robert Hilder. The problem will be the entire essence of what the separation of powers is."

smcfarland@sltrib.com