Estimated read time: 4-5 minutes
- The Utah judiciary defended Judge Don Torgerson amid criticism over his sentencing remarks.
- Torgerson gave probation to Aidan Hoffman, despite prosecution's push for prison time.
- Controversy arose from Torgerson's comments on Hoffman's privilege and sentencing decision.
SALT LAKE CITY — The Utah judiciary on Wednesday released a statement about the controversy surrounding a 7th District judge who is under pressure to resign over comments he made during a recent sentencing hearing.
In its statement released nearly one week after KSL's initial report about Judge Don Torgerson, the judiciary alleged the news outlet "omitted several relevant and important facts" in its coverage.
But the prosecutor in this case is pushing back against that.
Last week, Torgerson presided over the sentencing hearing of Aidan Hoffman, 22, who pleaded guilty in a felony child sexual exploitation case in Grand County. Torgerson decided not to require him to serve any additional jail time or pay a fine, despite prosecutors asking for prison. Instead, Hoffman was placed on probation for four years and must register as a sex offender.
According to court documents, Hoffman possessed and distributed multiple images of children being raped and sexually abused.
During the sentencing hearing on May 20, Torgerson twice spoke of Hoffman's "privilege." At one point, the judge referred to the several months Hoffman had already spent in jail before getting released, saying it was "a lot of jail time for someone your age who comes from some level of privilege."
After initially not commenting, the Administrative Office of the Courts clarified Wednesday what Torgerson meant.
"Judge Torgerson was noting that the defendant is fortunate to be in a position where he has a supportive family and was able to begin treatment before sentencing," said court spokesperson Hilary Wood, "and that those things were factors in the sentence of probation."
Plea agreement
In its statement Wednesday, the Utah judiciary defended Torgerson and criticized KSL.
"For instance," the judiciary said, "the state expressly agreed in its written plea agreement that the defendant would receive probation, rather than a prison sentence."
But that's not what the plea agreement said, Grand County Attorney Stephen Stocks pointed out Wednesday. According to the agreement filed with the court, the defense and prosecution specified they "have no stipulation regarding additional incarceration time and shall be permitted to argue their respective positions at sentencing in this matter."
That's exactly what happened. During the sentencing hearing, Stocks pushed Torgerson to send Hoffman to prison.
"What we do have is an opportunity to send a very clear message, a very clear message to the defendant — this is not appropriate conduct," Stocks told the judge.
Meanwhile, Hoffman's defense attorney argued for no additional jail or prison time, noting that fell within the recommended sentencing guidelines. The Administrative Office of the Courts emphasized that in its statement Wednesday.
"[T]he sentence imposed by Judge Torgerson was squarely aligned with the 2025 Adult Sentencing, Release, & Supervision Guidelines promulgated by the Utah Sentencing Commission and unanimously approved by the Utah Legislature during the 2025 general session," the statement read. "Adult Probation and Parole's probation recommendation was also aligned with the Adult Sentencing, Release, & Supervision Guidelines."
Yet, in addition to no additional time behind bars, Torgerson imposed no fine, which Stocks criticized. During the hearing, the judge acknowledged the possibility that the sentence he was imposing was lenient.
"Does that mean I'm going easy on you here?" Torgerson said to Hoffman. "I don't know."
'Some level of privilege'
Hoffman had already served nearly four months in jail before getting released with conditions in December. During the sentencing hearing last week, Torgerson referred to that, 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."
While also scolding Hoffman for what he did, the judge added the 22-year-old could be an "advocate" to help other young men in his situation understand appropriate behavior.
"You have more of a voice than some," Torgerson said, "because you do come from a background of some privilege."
Those comments stunned Stocks, who said a defendant's "affluent status or their privilege" should not influence their sentence. Multiple Utah lawmakers also criticized Torgerson, including Utah House Speaker Mike Schultz, R-Hooper.
"Judge Torgerson's comments and decision are a failure of justice, and cannot be ignored," Schultz wrote on social media late last week. "He must resign. He should not be able to continue sitting on the bench and serving the people of this great state."
During Hoffman's sentencing hearing, Torgerson also 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.
The judge also warned Hoffman that he would send him to prison if he violated the terms of his probation.
The Utah judiciary's full statement about Torgerson and KSL's reporting is available on its website.
This is not Hoffman's only legal problem. He's also charged in his home state of Maine with "possession of sexually explicit material relating to a child under age 12," according to a court spokesperson. Hoffman has a court hearing scheduled in July.
