Estimated read time: 3-4 minutes
- Utah House Speaker Mike Schultz calls for Judge Don Torgerson's resignation.
- Schultz criticizes Torgerson's lenient sentencing in a child sexual exploitation case.
- Judge cited defendant's privilege, sparking outrage from lawmakers and legal officials.
SALT LAKE CITY — The Utah House speaker is calling for a judge to step down over what he said and did during a recent sentencing in a child sexual exploitation case.
House Speaker Mike Schultz, R-Hooper, posted on social media Saturday calling on 7th District Judge Don Torgerson to resign. This came two days after KSL-TV aired a report about Torgerson twice citing a defendant's "privilege" as he ultimately decided not to require him to serve any additional jail time or pay a fine, despite prosecutors asking for prison.
"This is deeply troubling and indicative of a broader pattern within the judiciary. Such decisions not only fail to deliver justice for victims — in this case, children — but also erode public confidence in the legal system," Schultz wrote on X. "Judge Torgerson's comments and decision are a failure of justice, and cannot be ignored. He must resign. He should not be able to continue sitting on the bench and serving the people of this great state."
Torgerson presided over the sentencing of Aidan Hoffman, 22, in Grand County on Tuesday after Hoffman pleaded guilty to two felony charges of sexual exploitation of a minor. Ten other felonies were dropped. According to court documents, Hoffman possessed and distributed multiple images of children being raped and sexually abused.
Prosecutors asked for prison time for Hoffman, arguing it would send a "clear message" about the severity of the crimes. But Torgerson decided Hoffman would serve no additional time behind bars — and pay no fine. Instead, Hoffman was given suspended prison sentences, and he was placed on probation for four years. He has to register as a sex offender.
This is deeply troubling and indicative of a broader pattern within the judiciary. Such decisions not only fail to deliver justice for victims— in this case, children — but also erode public confidence in the legal system.
— Mike Schultz (@mschultz_12) May 24, 2025
Judge Torgerson's comments and decision are a failure… pic.twitter.com/yFhl0EN2hp
During the hearing, the judge referred to the nearly four months Hoffman had already spent in jail before getting released, saying that "112 days is a lot of jail time. It's a lot of jail time for someone your age who comes from some level of privilege."
At another point in the hearing, after scolding him for what he had done, Torgerson said Hoffman could be an "advocate" to help other young men in his situation understand appropriate behavior.
"You have more of a voice than some because you do come from a background of some privilege," Torgerson said. "You have parents who support you. You can be a voice for good, and if I see you again, I won't hesitate to send you to prison, and it's a long time."
Those comments about Hoffman's privilege – and the sentence – shocked Grand County Attorney Stephen Stocks.
"We should look at defendants and the actions that they've done and not make it lesser because of their affluent status or their privilege," Stocks said earlier this week, noting what he considered a light sentence from the judge. "The investigator spent more time likely investigating this case than the defendant spent in jail."
Schultz is not the only lawmaker to express concern about Torgerson's actions.
"This is terrible," Rep. Karianne Lisonbee, R-Clearfield, who is running for House majority leader, wrote on social media.
Rep. Tyler Clancy, R-Provo, commented on her post writing, "Absolutely shocking, & a horrible message sent to victims of child sex abuse."
Absolutely shocking, & a horrible message sent to victims of child sex abuse
— Tyler Clancy (@Clancy4Utah) May 23, 2025
KSL has reached out to Torgerson through the Utah State Courts, but a spokesman previously said he could not comment beyond what he said at the sentencing hearing.
Torgerson was appointed as a judge in 2018 by then-Gov. Gary Herbert. Prior to that, he was in private practice. During Hoffman's sentencing hearing, Torgerson viewed two of the videos Hoffman possessed showing children being raped and abused. Afterward, the judge noted he's "seen worse," although he added that was not meant to "minimize" what Hoffman did.
Stocks was stunned by those comments as well.
"Any child being abused is terrible, dreadful," the Grand County attorney said. "It shouldn't be downplayed."
Hoffman also faces legal trouble in his home state of Maine. He's charged with three class C felonies for "possession of sexually explicit material relating to a child under age 12," according to a court spokesperson. That case is still unresolved.
