Utah judge now faces bipartisan calls to resign

SALT LAKE CITY — A top Democrat in the Utah Legislature has joined the Republican House speaker in calling for a judge to resign over comments he made during a sentencing hearing.

In a joint letter Thursday to Utah's chief justice, House Speaker Mike Schultz, R-Hooper, and House Minority Leader Angela Romero, D-Salt Lake City, demanded that 7th District Judge Don Torgerson step down right away.

The legislative leaders also criticized the Utah Judiciary for its response to the judge's controversial comments that were first brought to light by KSL.

"Accordingly, we reiterate our call for Judge Torgerson to resign immediately," they wrote. "Furthermore, we urge the Judiciary to investigate this matter thoroughly and take appropriate action."

Last month, during a sentencing hearing in a felony child sexual exploitation case in Grand County, Torgerson twice referred to the defendant's "privilege" as he decided not to require him to serve any additional jail time or pay a fine. The judge also told the court he had "seen worse" after reviewing videos that the defendant had possessed showing children being raped and abused.

In their letter, which was sent to Utah Chief Justice Matthew Durrant, Schultz and Romero called the judge's comments "flat-out unacceptable" and said they "demonstrate an alarming lack of judgment."

Sentencing hearing

On May 20, Aidan Hoffman appeared in court for sentencing. The 22-year-old from Maine had pleaded guilty to two felonies, while 10 others were dropped.

According to court documents, Hoffman possessed and distributed multiple images of children being raped and sexually abused.

Prosecutors pushed for prison time, while Hoffman's defense attorney asked for no additional incarceration, arguing it fell within the recommended sentencing guidelines.

As Torgerson conducted the sentencing, he referred to the nearly four months Hoffman had already spent in jail before getting released with conditions in December, 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 scolding Hoffman for his crimes, the judge also suggested the defendant could help other young men in his situation. He ended up placing Hoffman on probation for four years while requiring him to register as a sex offender.

"You have more of a voice than some," Torgerson said, "because you do come from a background of some privilege."

The judge's comments outraged the Grand County attorney, who said a defendant's "affluent status or their privilege" should not influence their sentence.

They equally bothered the House speaker.

"The more I talk about it," Schultz told KSL in an exclusive interview Thursday, "the more it upsets me."

'That's horrific'

Schultz called Hoffman's sentence a "slap on the wrist," but he said the judge's comments were even more concerning.

During the hearing, Torgerson viewed two videos Hoffman possessed showing children being raped and abused. Afterward, the judge noted he's "seen worse" while adding that was not meant to "minimize" what Hoffman did.

"That's not OK. That's horrific," Schultz said of those comments. "Even if the judge had seen worse, you don't say that in the court. You don't say that in front of the defendant."

Schultz said Torgerson should have apologized. Instead, the Utah State Courts put out a statement last month defending the judge and criticizing KSL's reporting. In that statement, court officials claimed the plea agreement spared Hoffman from more time behind bars, citing a provision in it that mentioned probation.

But, Schultz pointed out, that's not what the agreement said. It specifically gave the prosecutor the right to argue for prison, which is exactly what happened during the sentencing hearing.

"You add all those things together," Schultz said, "and we have a problem here."

Bipartisan push

Schultz is not alone in feeling this way. Romero, the top Democrat in the House of Representatives, is also calling for Torgerson to step down.

"I just felt like it was an important message for us to send to that judge," Romero said, "to think about the words and the power he has and the impact it has on victims of sexual assault, child sex abuse."

But Torgerson, who was appointed in 2018, remains on the bench. The House speaker said he will put together a group of lawmakers this week to consider next steps and make a recommendation to the Legislature if the judge doesn't resign.

"Certainly, impeachment is always an option. I don't know that that's the right way forward," Schultz said, while adding "everything's on the table."

The House speaker met with Chief Justice Durrant on Thursday to talk about this issue. Both sides called it a "productive" meeting. A court spokesperson said the Judiciary "looks forward to continued discussions with legislative leaders regarding this case."

Torgerson has not commented.

"Utahns deserve a system that reflects the highest standards of integrity, compassion, and responsibility," Schultz and Romero wrote to the chief justice. "The Legislature and the Judiciary must get on the same page to swiftly and decisively resolve this and other issues. The people of Utah have placed their trust in us, and we must deliver."

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