The only non-Mormon justice on the Utah Supreme Court is retiring, but Gov. Gary Herbert says religion is not something he’s going to consider when choosing a replacement.

Herbert said at his monthly televised news conference on Wednesday that he looks for the best judge possible to put on the bench.

The governor says he doesn’t ask about someone’s political or religious affiliations.

When it comes to diversity on the court, Herbert says he might consider a judge’s gender when deciding between two otherwise equal candidates.

Associated Chief Justice Ronald Nehring, a Lutheran, announced several months ago that he will retire in February after more than 11 years.

The four other justices on the court are members of The Church of Jesus Christ of Latter-day Saints, which is based in Utah.