The Utah House of Representatives, led by Republican Speaker Mike Schultz, is poised to deliver a rare condemnation and censure to a state judge over a sentence in a child sex abuse material case they view as too lenient. But a Republican Senate leader says it’s the prosecutor who should be in the hot seat.
The House rebuke is aimed at 7th District Court Judge Don Torgerson, who, last year, presided in a case in which a 22-year-old Maine man pleaded guilty to possessing child sex abuse material. Torgerson sentenced him to 112 days in jail, which he had already served, and four years probation.
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 was furious and demanded Torgerson resign. Other lawmakers, including House Democratic Leader Angela Romero, D-Salt Lake City, subsequently agreed and called for his resignation.
At the time, the Administrative Office of the Courts issued a statement noting that the prosecutor in the case agreed to probation, rather than a prison sentence, and the 112 days served landed squarely within the range recommended in Adult Probation and Parole’s pre-sentence report.
The sentence is also within guidelines approved by the Legislature. But Schultz has continued to press the issue.
“It’s wrong. Flat-out wrong,” Schultz said Monday, pointing specifically to the comments about the defendant’s “privilege” and that he had “seen worse” than the images and videos that the defendant in the case had viewed.
“There’s no way Judge Torgerson should still be on the bench. He should have resigned and, if not, the courts should have taken him off the bench,” Schultz said. “What he said was not OK, and I’m even more disappointed with everybody doubling down and pointing at other people for the comments Judge Torgerson made. It is wrong and it boils my blood.”
Assistant State Court Administrator Michael Drechsel pushed back on the way the resolution characterized the sentencing during a committee hearing Monday, pointing out that it did not mention that the prosecutor in the case agreed to drop 18 first-degree felonies, lowered the remaining two charges from first-degree felonies to second-degree, and specifically agreed to “supervised probation” for the defendant rather than seeking prison time.
A spokesperson for the Utah courts said they did not have a comment on the resolution.
Senate Majority Assistant Whip Mike McKell, R-Spanish Fork, acknowledged that Torgerson said “dumb things” during the sentencing hearing, but called the resolution targeting the judge “misguided.”
“I think you have a case with a really bad prosecutor,” McKell, an attorney, said Monday. “At this point, I’m concerned with the conduct of the prosecutor. I know we’ve created a Prosecutorial Conduct Commission. This is the type of case that I think we should actually review before that commission.”
The prosecutor in the case did not respond to a request to comment on McKell’s statement.
Legislators created a prosecutor oversight body last year, which is tasked with reviewing cases where a prosecutor is accused of knowingly violating professional standards which impacted someone’s due process rights. If the commission believes that happened, they issue a finding to that prosecutor’s employer, the Utah State Bar, and the police — if the misconduct was a crime.
A House committee slightly watered down the condemnation Monday and, with only days left in this year’s legislative session, will likely move it forward to a vote early this week.
The Salt Lake Tribune is not naming the man who was sentenced at this time. 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.
Schultz said Monday that there had been discussions with House members about initiating articles of impeachment against Torgerson, but there were “mixed” feelings among his colleagues and the decision was made to censure the judge.
It is only a House resolution, as opposed to a joint resolution with the Senate, Schultz said, because “McKell and Judge Torgerson are friends.”
The bill is essentially an expression of anger by the House. It does not need Senate support and does not impact Torgerson’s status on the bench, although Schultz said he hopes the public takes it into consideration when Torgerson faces a retention election in 2028.