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SALT LAKE CITY — Sentencing was delayed Friday for former Rep. Justin Miller, D-Salt Lake City, who pleaded guilty to embezzling nearly $25,000 from Salt Lake County Mayor Ben McAdams when he worked as his campaign manager.
As part of an orchestrated plan, Miller, 35, was charged and pleaded guilty during an unscheduled court hearing on the same day in October. He then released a statement announcing his resignation from the Utah House of Representatives.
Miller was scheduled to be sentenced on Friday. But apparently in the haste to get the matter resolved, it wasn't discovered until recently that the judge assigned to handle the sentencing, 3rd District Judge Katie Bernards-Goodman, is married to someone who works in the mayor's office. Because of the potential conflict of interest, the sentencing was continued.
The case will now be sent back to the arraignment judge who will reschedule a sentencing date with a new judge. Miller's attorney, Steven Shapiro, said he wasn't made aware of the potential conflict until he arrived at the courthouse Friday.
In May of 2014, Miller wrote a check to himself using McAdams' account for $24,388.49 to cover the cost of a campaign event catered by LeCroissant Catering of Salt Lake, according to the charges. But when Miller attempted to pay the bill using his credit card, LeCroissant refused the payment because of a processing fee associated with the credit card.
To cover the bill, Miller, wrote an additional check off of McAdams' account for more than $20,000, according to the charges.
But prosecutors say Miller failed to reimburse McAdams' campaign for the $24,000 check and "failed to notify anyone involved in the campaign" about the double payment.
As part of the plea agreement, Miller could have his second-degree felony conviction reduced to a third-degree felony if he pays full restitution by Dec. 18. That matter was also continued Friday.
The conviction could then be further reduced to a class A misdemeanor if he successfully completes probation.
Miller faces a possible sentence of one to 15 years in prison.
