A chorus of Republican lawmakers, led by House Speaker Mike Schultz, are demanding a Utah judge resign — or they could explore impeachment — after the judge did not send a man to prison who pleaded guilty to having child sex abuse material.
But the Utah courts said in response that 7th District Judge Don Torgerson followed the sentencing guidelines that the Legislature itself approved earlier this year — a rare statement for the judiciary, who typically does not publicly comment on individual cases.
Last week, Torgerson sentenced a 22-year-old Maine man to 112 days in jail, which he had already served, plus four years probation for possessing child sex abuse material. During the sentencing hearing, Torgerson twice mentioned the defendant’s “privilege,” including when the judge told him that 112 days in jail was “a lot of jail time for someone your age who comes from some level of privilege.”
Schultz blasted the decision following a KSL report on the sentencing, calling it “deeply troubling and indicative of a broader pattern within the judiciary” and said Torgerson should no longer be on the bench.
“Judge Torgerson’s comments and decision are a failure of justice, and cannot be ignored,” Schultz said via social media. “He must resign. He should not be able to continue sitting on the bench and serving the people of this great state.”
Schultz said decisions like Torgerson’s “fail to deliver justice for victims — in this case, children” and erode confidence in the legal system.
Other lawmakers agreed.
House Majority Whip Karianne Lisonbee, R-Clearfield, called the Torgerson’s ruling “extremely concerning” and suggested it might warrant impeachment, rather than wait for a Judicial Conduct Commission investigation, which could take up to a year.
“The legislature is within their authority to file impeachment papers on anyone who holds high office and is alleged to be guilty of malfeasance in office, high crimes, or misdemeanors. These things are not defined and [are] fairly broad categories,” she said on social media. “Do I think this judge’s conduct is serious enough to justify impeachment? I’m not sure. But I believe it is serious enough to look into.”
Schultz said he was “not ready to say one way or the other” if impeachment should be on the table, “but it is something that will be discussed.”
The Administrative Office of the Courts said in a statement Wednesday that Torgerson’s sentence “squarely aligned” with the guidelines from the Utah Sentencing Commission, which were approved by the Legislature earlier this year.
It also accused KSL of omitting “several relevant and important facts” in its original reporting. “The limited quotes provided by KSL are without context and should not be the sole basis for any conclusion,” the statement reads.
“The Judiciary is committed to transparency and encourages anyone who has questions about the sentence to listen to the entire audio recording of the sentencing hearing.”
KSL did not immediately respond to a request for comment.
‘There aren’t enough prisons’
At the sentencing hearing, Torgerson noted that Adult Probation and Parole had recommended that the 22-year-old man serve jail time instead of prison. The judge said he was largely following that recommendation when he sentenced the man to 112 days in jail. In Utah, Adult Probation and Parole often conducts a pre-sentence investigation after someone is convicted, weighing a defendant’s criminal history, age and other factors to give a recommendation to judges on what sentence they should order. However, judges are not legally required to follow the recommendation.
Grand County Attorney Stephen Stocks had asked Torgerson for a lengthier prison sentence, according to a recording of the sentencing obtained by The Salt Lake Tribune. “This type of behavior and this type of charge demands, in the interest of justice for the children, that he be incarcerated in Utah State Prison,” Stocks said.
Defense attorney Tara Isaacson argued that a shorter jail sentence was appropriate for her client, noting that he is seeking treatment and was only 20 years old when he possessed the illegal images. She added that state legislators have crafted sentencing laws differently for young people under 21 who have committed sex crimes, such as limiting the amount of time they spend on the sex offender registry to 10 years.
“I think the Legislature has recognized that when offenses are committed when someone is younger, that the punishment and the consequences should not be as severe because of the immaturity of the defendant,” she argued.
(Utah State Courts) Judge Don M. Torgerson
Torgerson noted that while prosecutors advocated for a “zero tolerance” policy for defendants who possess child sex abuse material, the “reality is a little different.”
“I can’t send everybody to prison who views child pornography. There aren’t enough prisons,” he said. “There aren’t enough prisons for people who are severe, extreme viewers of child pornography like you.”
At this time, The Tribune is not naming the man who was sentenced. Two factors influenced that decision: The news organization generally does not report on individual cases of possession of child sex abuse material, and the Legislature’s comments center around the judge’s decision, not the defendant’s actions.
Investigators with the Grand County Sheriff’s Office, acting on information from the attorney general’s Internet Crimes Against Children task force, identified a man who had 10 files depicting children being sexually exploited, according to court records. The man had possessed the files, according to charging records, while he had been house-sitting for a family member who lived in Moab.
The Maine man was convicted of two counts of child sexual exploitation, carrying a sentence of up to 15 years each. But at sentencing last week, Torgerson opted not to impose a prison sentence, sentencing him to the 112 days he had already served and four years of probation.
The man also must register as a sex offender and comply with other court-imposed requirements. Torgerson warned the man that if he violated his probation, he would send him to prison.
The man’s defense attorneys said in a statement to The Tribune on Tuesday that Torgerson’s use of the word “privilege” was taken out of context in previous news reporting. The first reference of privilege was referring to jail as a first for the man, the statement reads, and “Second, [the man’s] ability to remain in Utah with his mother and engage in costly therapy was something that not everyone can do because of financial resources, family commitments, etc.”
They stressed that their client’s sentence was “entirely consistent with the guidance provided by the Utah Legislature and the Utah Sentencing Commission.”
Rep. Tyler Clancy, a Provo Republican and police officer, said on social media that the ruling was “absolutely shocking” and a “horrible message sent to victims of child sex abuse.”
Torgerson is the presiding judge in the 7th District, which covers Grand, Emery, Carbon and San Juan counties. He was appointed to the bench in 2018 by Gov. Gary Herbert.
No state judge has been impeached
This is not the first time Schultz has applied pressure to judges.
Last month, 3rd District Judge William Kendall was charged with forcible sexual abuse and possession and distribution of a controlled substance after prosecutors allege he provided a woman a weed pen at a party and touched her inappropriately. He has not yet entered a plea to the charges. Then, Schultz said Kendall could be impeached if he did not resign. Kendall resigned the following day.
No state judge has been impeached by lawmakers. Under Utah law, any state official, including judges, can be impeached for high crimes, misdemeanors or malfeasance in office.
It would be up to the House of Representatives to initiate impeachment proceedings, conduct an investigation and adopt articles of impeachment. The Senate would then vote whether to approve the articles and remove the judge from the bench.
In 2003, the House voted 66-9 to begin an impeachment investigation into 4th District Judge Ray Harding Jr., who had been charged with drug possession. Harding resigned from the bench, pleaded guilty to the drug charges and was stripped of his law license by the Utah Supreme Court.
Note to readers, 1:55 p.m. • This story has been updated to include a statement from the Administrative Office of the Courts.