Ted Stewart
Encyclopedia
Brian Theadore "Ted" Stewart (born 1948 in Logan, Utah
) is a United States district judge sitting on the United States District Court
for the District of Utah.
, Judge Stewart received a B.S. from Utah State University
in 1972 and a Juris Doctor
from the S.J. Quinney College of Law
at the University of Utah
.
in 1980, and then worked as an administrative assistant to U.S. Rep. James V. Hansen
from 1981 until 1985. From 1985 until 1992, Stewart was a commissioner on the Public Service Commission of Utah
. From 1993 until 1998, Stewart served as the executive director of Utah's Department of Natural Resources.
From 1998 until becoming a federal judge in 1999, Stewart served as a chief of staff to then-Utah Gov. Mike Leavitt.
in November 1997. Clinton, a Democrat, nominated Stewart, a Republican, because Stewart was a friend of Sen. Orrin Hatch
of Utah, and Hatch at that time was the chairman of the United States Senate Committee on the Judiciary
. Clinton did so as a courtesy to Hatch, hoping the gesture would encourage Republican senators to act to confirm many of the president's languishing judicial nominees.
However, Hatch demanded that Stewart be confirmed before senators could consider other judicial nominees. That enraged Senate Democrats, who refused to allow for a vote on Stewart. That prompted Republican senators to take the very rare move of filing for cloture
on the nomination of a federal district judge. On September 21, 1999, Democrats unified to successfully filibuster Stewart's nomination, in a 55-44 party-line vote on the Senate floor that may well have been the only successful filibuster ever on a federal district court nominee.
Two weeks later, Democratic and Republican senators announced a deal that paved the way for votes on the nominations of Stewart and two other judicial nominees. On October 5, 1999, the Senate vote 93-5 to confirm Stewart.
Stewart made the initial ruling in favor of the terms-of sale restrictions on the easement in the LDS plaza by the Salt Lake Temple
.
He became chief judge of the United States District Court for the District of Utah in 2011.
Logan, Utah
-Layout of the City:Logan's city grid originates from its Main and Center Street block, with Main Street running north and south, and Center east and west. Each block north, east, south, or west of the origin accumulates in additions of 100 , though some streets have non-numeric names...
) is a United States district judge sitting on the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the District of Utah.
Early life and education
Born in Logan, UtahLogan, Utah
-Layout of the City:Logan's city grid originates from its Main and Center Street block, with Main Street running north and south, and Center east and west. Each block north, east, south, or west of the origin accumulates in additions of 100 , though some streets have non-numeric names...
, Judge Stewart received a B.S. from Utah State University
Utah State University
Utah State University is a public university located in Logan, Utah. It is a land-grant and space-grant institution and is accredited by the Northwest Commission on Colleges and Universities....
in 1972 and a Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the S.J. Quinney College of Law
S.J. Quinney College of Law
The S.J. Quinney College of Law is the law school of the University of Utah in Salt Lake City, Utah. Established in 1913, the University of Utah S.J. Quinney College of Law is nationally recognized for its accomplished faculty, innovative curriculum, and low faculty-to-student ratio...
at the University of Utah
University of Utah
The University of Utah, also known as the U or the U of U, is a public, coeducational research university in Salt Lake City, Utah, United States. The university was established in 1850 as the University of Deseret by the General Assembly of the provisional State of Deseret, making it Utah's oldest...
.
Professional career
From 1974 until 1980, Stewart worked in private legal practice in Salt Lake City. He then served as an assistant to Utah Sen. Orrin HatchOrrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
in 1980, and then worked as an administrative assistant to U.S. Rep. James V. Hansen
James V. Hansen
James Vear "Jim" Hansen was a Republican member of the United States House of Representatives from Utah.Hansen was born in Salt Lake City, graduating from the city's East High School. From 1951 until 1955 he served in the United States Navy. He attended the University of Utah, receiving a business...
from 1981 until 1985. From 1985 until 1992, Stewart was a commissioner on the Public Service Commission of Utah
Public Service Commission of Utah
The Public Service Commission of Utah regulates the energy, Telecommunications gas and water companies located in Utah....
. From 1993 until 1998, Stewart served as the executive director of Utah's Department of Natural Resources.
From 1998 until becoming a federal judge in 1999, Stewart served as a chief of staff to then-Utah Gov. Mike Leavitt.
Nomination to federal district court, filibuster and confirmation
In mid-1999, President Bill Clinton nominated Stewart to federal district court to fill a seat vacated by Judge J. Thomas Greene, who had taken senior statusSenior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
in November 1997. Clinton, a Democrat, nominated Stewart, a Republican, because Stewart was a friend of Sen. Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
of Utah, and Hatch at that time was the chairman of the United States Senate Committee on the Judiciary
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
. Clinton did so as a courtesy to Hatch, hoping the gesture would encourage Republican senators to act to confirm many of the president's languishing judicial nominees.
However, Hatch demanded that Stewart be confirmed before senators could consider other judicial nominees. That enraged Senate Democrats, who refused to allow for a vote on Stewart. That prompted Republican senators to take the very rare move of filing for cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
on the nomination of a federal district judge. On September 21, 1999, Democrats unified to successfully filibuster Stewart's nomination, in a 55-44 party-line vote on the Senate floor that may well have been the only successful filibuster ever on a federal district court nominee.
Two weeks later, Democratic and Republican senators announced a deal that paved the way for votes on the nominations of Stewart and two other judicial nominees. On October 5, 1999, the Senate vote 93-5 to confirm Stewart.
Federal judicial service
Stewart received his judicial commission on November 11, 1999.Stewart made the initial ruling in favor of the terms-of sale restrictions on the easement in the LDS plaza by the Salt Lake Temple
Salt Lake Temple
The Salt Lake Temple is the largest and best-known of more than 130 temples of The Church of Jesus Christ of Latter-day Saints. It is the sixth temple built by the church, requiring 40 years to complete, and the fourth operating temple built since the Mormon exodus from Nauvoo,...
.
He became chief judge of the United States District Court for the District of Utah in 2011.