2005, McHugh was appointed to the Court of Appeals by Utah Governor Jon M. Huntsman, Jr. and served in that capacity until her appointment as a federal circuit judge. In 2010, the Chief of Justice of the Utah Supreme Court appointed McHugh to serve as a member of the Judicial Conduct Commission to fill the vacancy created when her colleague, Judge Russell Bench, retired on December 31, 2009. In 2011, McHugh was appointed as the appellate court member of the Commission on Civic and Character Education, where she served with the Lieutenant Governor, members of the Utah Legislature, and representatives of the State Board of Education. On January 1, 2012, McHugh began a two-year term as the presiding judge of the Utah Court of Appeals. Federal judicial service On May 16, 2013, President Barack Obama nominated McHugh to be a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit, to the seat vacated by Judge Michael R. Murphy, who assumed senior status on December 31, 2012. Her nomination was approved unanimously by the Senate Judiciary Committee on January 16, 2014. On March 6, 2014 senator Harry Reid filed for cloture on her nomination. On March 10, 2014 the Senate invoked cloture on her nomination by a 62–34 vote. On March 12, 2014, McHugh was confirmed by a 98–0 vote. She received her commission on March 14, 2014. Select cases McHugh wrote for the state court in each of the following decisions. Birch v. Fire Insurance Exchange, 2005 UT App 395, 122 P.3d 696. Randy Birch filed a claim with Fire Insurance Exchange (Fire Exchange) for losses incurred when a fire started by neighborhood children playing with matches spread to his home. Birch's policy with Fire Exchange provided coverage for the full replacement value of the damaged property, subject to a $500 deductible. Birch and Fire Exchange agreed that the replacement value of the property was $7732.91, and Fire Exchange paid Birch $7231.91, that amount minus the $500 deductible. Thereafter, Fire Exchange sought subrogation from the insurers of the neighborhood children who had started the fire, eventually agreeing to a 5% reduction in the replacement cost to reflect the depreciating of the property prior to the fire. Fire Exchange then forwarded Birch a check for $475, which represented 95% of the deductible. Birch objected on the grounds that he should have been paid 100% of