Vernice Trease, a Samoa native, has been a public defender for 18 years, standing up in court for criminal defendants who can't afford a lawyer. She is the Salt Lake Legal Defender Association's assistant director.

If confirmed by the full Senate, Trease, whose family name is Ah Ching, would bring a mixture of heritages to the 3rd District bench: Chinese, German and Samoan. Her family moved to Utah in 1978, shortly after she graduated from high school. She attended Lewis and Clark College in Oregon and got her law degree at the University of Utah.

Though Martin Luther King Jr. Day is an official state holiday, the Legislature traditionally works it as the first day of their annual session and the Judicial Confirmation panel required Trease to appear first thing in the morning.

The committee threw some tough questions at her. Chairman Sen. Chris Buttars asked her if she was familiar with the term "judicial activism" and what she thought about Utah's death penalty.

Trease responded that legislators make the laws and judges enforce, regardless of their philosophy or political beliefs.

"I will apply and enforce the law, regardless of any personal feelings I have about the death penalty," she said.

With the controversy over concealed weapons on the University of Utah's campus in mind, Sen. Michael Waddoups asked her how she felt about guns in public places.

Trease responded, "The Second Amendment, the last time I looked, is still good law. I will follow the law as it is on the books, regardless of the personal feelings I might have. . . . I value the Constitution, including the Second Amendment."

She told Waddoups she has no problem with students being required to pledge their allegiance to the U.S. flag. But she balked a bit on his question about the place of sentiments such as "in God we trust," in the courtroom.

Separation of state and religion is an important concept in the courts, she said. "I want to be tolerant of other people's beliefs. That's what a judge ought to do - be open and fair minded."

Trease downplayed her minority status. "I'm proud of my heritage," she said. "But I don't think judges should be appointed on their ethnicity - but on their qualifications."

With Senate approval, Trease would replace Judge Dennis Fuchs, who retired at the end of the 2006.