Compromise bill keeps defense attorneys on Utah Sentencing Commission

SALT LAKE CITY — Defense attorneys will retain their seats on Utah's Sentencing Commission after a compromise bill passed out of the Legislature this week.

HB274 is the only public piece of legislation being run by House Speaker Mike Schultz, R-Hooper, who initially proposed removing defense attorneys from the commission entirely. He blamed them for sentencing guidelines he viewed as too lenient toward those who committed violent crimes.

But the new bill keeps three defense attorneys on the commission while adding one additional prosecutor and two additional law enforcement officials. One member representing the Juvenile Justice Oversight Committee has been removed.

Schultz told KSL on Friday that the new bill has already had its intended effect, as the Sentencing Commission recently raised the minimum sentence for some violent felonies

"It's definitely a nudge in the right direction," he said, adding that the legislation still requires the commission to review and revise adult sentencing guidelines by Nov. 1. "This tips it more in favor of holding people accountable as they're making those decisions."

Schultz previously said he got the idea for the bill from a sentencing hearing that 7th District Judge Don Torgerson presided over last May. As first reported by KSL, during the hearing, 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 for possessing and distributing multiple images of children being raped and sexually abused.

The comments and sentence infuriated the House speaker, who called for Torgerson to resign. The judge remains on the bench.

Since that case broke, Schultz said he heard from law enforcement officers and prosecutors who were frustrated by the recommendations made by the commission. He blamed defense attorneys for recommending guidelines that are too lenient on criminal defendants.

The bill cleared its final vote in the House on Tuesday and heads to Gov. Spencer Cox's desk.

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