Utah House Moves to Censure Judge Over Controversial Sentence in Child Sex Abuse Material Case

The Utah House of Representatives is poised to censure 7th District Court Judge Don Torgerson for his handling of a child pornography case, a move spurred by concerns over his sentencing decisions and comments made during the proceedings. The censure, initiated by House Speaker Mike Schultz, does not carry legal penalties but represents a strong rebuke from the legislature.

Background of the Case

The case centers around a 22-year-old Maine man who pleaded guilty to possessing child sex abuse material. Judge Torgerson sentenced him to 112 days in jail (time already served) and four years of probation. During the sentencing hearing, the judge referenced the defendant’s “privilege” twice, stating that 112 days was “a lot of jail time for someone your age who comes from some level of privilege.” He as well remarked that he had seen worse depictions of child sexual abuse, though he clarified he did not intend to minimize the crimes. The Salt Lake Tribune

Legislative Response and Censure Effort

House Speaker Mike Schultz, R-Hooper, publicly criticized Judge Torgerson’s comments and initially called for his resignation. News from the States Lawmakers considered impeachment but ultimately opted for a resolution (HR8) to admonish and censure the judge. The House panel voted to advance the measure, initially removing language about a “lighter” sentence after concerns were raised about the Legislature’s role in shaping sentencing guidelines.

The resolution, which does not require Senate approval, expresses the House’s disapproval of Torgerson’s actions without imposing any legal penalties. Deseret News

Differing Opinions Among Lawmakers

While Speaker Schultz strongly supports the censure, some lawmakers have questioned the move. Sen. Mike McKell, R-Spanish Fork, called the resolution “misguided,” suggesting the focus should be on the prosecutor’s decision to dismiss felony charges and reduce others, leading to a presumptive probation sentence. The Salt Lake Tribune McKell also noted a personal relationship with the judge.

Assistant State Court Administrator Michael Drechsel pointed out that the sentence fell within the guidelines established by the Legislature and that the prosecutor had agreed to the probation recommendation. News from the States

Broader Context: Reshaping the Judiciary

The condemnation of Judge Torgerson coincides with broader efforts by Utah’s Republican lawmakers to reshape the judiciary. Recent actions include the creation of a new court to hear constitutional challenges and an expansion of the Utah Supreme Court from five to seven justices, both signed into law by Gov. Spencer Cox. News from the States

Recent Precedent

The most recent public official censured by Utah lawmakers was Natalie Cline, a former state school board member, in 2024, after she publicly questioned a high school student’s gender. News from the States