Utah House plans rare censure of judge

SALT LAKE CITY — The Utah House of Representatives plans to censure a district judge who was criticized for comments he made during a sentencing hearing.

HR8, sponsored by Rep. Matt MacPherson, R-West Valley City, is expected to be introduced and passed over the next few days, before the legislative session ends on Friday.

In the resolution, which was obtained and reviewed by KSL, House lawmakers condemn 7th District Judge Don Torgerson's conduct during a hearing last year as "prejudicial to the administration of justice" and something that "brings his judicial office into disrepute."

House Speaker Mike Schultz, R-Hooper, is a strong supporter of the censure. Schultz, who was quick to call on Torgerson to resign after some of his remarks became public, said the judge "needs to be held accountable."

"I'm very disappointed in the court's reaction to this, because these comments are not OK," Schultz told KSL. "We want the public to be able to hold Judge Torgerson accountable."

Legislative censures are extremely rare in Utah. The only time it has happened in recent history was in 2024 when both the House and Senate censured then-State School Board member Natalie Cline after she publicly questioned a high school student's gender.

Judge refers to defendant's 'privilege'

The Torgerson case dates back to May 20, 2025, when he presided over a sentencing hearing in Grand County for Aidan Hoffman, who was 22 at the time. According to court documents, Hoffman possessed and distributed child sexual abuse material, including images of children being raped.

Hoffman pleaded guilty to two felonies. Ten others were dropped. 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, 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."

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

The Utah State Courts initially defended Torgerson and criticized KSL's reporting, saying the news outlet "omitted several relevant and important facts." Court officials claimed the plea agreement spared Hoffman from more time behind bars, citing a provision in it that mentioned probation. Yet, the agreement specifically gave the prosecutor the right to argue for prison time, which is what happened during the hearing.

Both Schultz and House Minority Leader Angela Romero, D-Salt Lake City, called on Torgerson to step down, but he remains on the bench.

After details of the sentencing hearing came to light, multiple complaints against Torgerson were filed with the Utah Judicial Conduct Commission. That body called the judge's behavior on the bench "troubling" but ultimately dismissed the complaints "with a warning."

KSL requested comment from Torgerson and the Utah State Courts about the planned censure but did not hear back.

Torgerson is the presiding judge of the 7th District and serves Grand, Carbon, Emery, and San Juan counties. He also presides over the San Juan County Adult Treatment Court and acts as a statewide water judge, according to the state courts website.

'Obviously not appropriate'

MacPherson, who is sponsoring the resolution, said lawmakers want to highlight that Torgerson's comments "were out of touch with Utah values."

"The statements made here in a courtroom from a judge were obviously not appropriate," MacPherson said. "There's also a concern that there was a lack of the judge taking ownership of those statements and making a public apology for those or walking them back. And I think those are important for us to point out to the public."

Judges are appointed by the governor, but they must win retention elections in order to hold on to their seats on the bench for another term. Torgerson was appointed by then-Gov. Gary Herbert and is up for retention again in 2028. During his most recent retention election in 2022, Torgerson received a unanimous endorsement from the Utah Judicial Performance Evaluation Commission, scoring above average in "integrity and judicial temperament and administrative skills."

But MacPherson said he wants the public "to be aware" of the comments Torgerson made last year.

The resolution also expresses the House of Representatives' disappointment toward the "Utah State Courts' inaccurate statement defending Judge Torgerson" following the initial KSL report.

Lawmakers want accountability

Although tensions between lawmakers and the judicial branch have been on full display over the last few years, Schultz insisted the censure resolution is not meant to target or retaliate against the judiciary in any way.

"This is about holding a single judge accountable for the comments that he made," the speaker said. "Yes, I am disappointed that the courts didn't hold that judge accountable and I think they should have held him more accountable. In fact, I don't think he should be on the bench, honestly, and I think there's a good reason to maybe even consider impeachment, but we didn't do that."

Ultimately, Schultz concluded, voters need to "make the decision on whether or not they believe Judge Torgerson should remain on the bench."

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