Estimated read time: 4-5 minutes
- Complaints against Utah Judge Don Torgerson were dismissed with a warning Aug. 5.
- Torgerson's comments during a sentencing hearing were deemed troubling but minor misconduct.
- Utah House Speaker Mike Schultz criticized the dismissal calling for higher judicial standards.
SALT LAKE CITY – A judicial oversight body has dismissed multiple complaints against a Utah judge over comments he made during a sentencing hearing, while also calling his behavior on the bench "troubling."
The state's Judicial Conduct Commission dismissed those complaints against 7th District Judge Don Torgerson on Aug. 5. The complaints were filed following a KSL report about a sentencing hearing Torgerson presided over in a Grand County felony child sexual exploitation case.
During that hearing on May 20, 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.
In a case summary on its website, the Judicial Conduct Commission said those statements "undermined the confidence and impartiality of the judiciary giving an appearance of impropriety." The commission did not identify the judge by name in its summary, but KSL has confirmed it refers to Torgerson.
"The judge accepted responsibility and was apologetic," the commission wrote, adding that it "found the behavior and misconduct were troubling but relatively minor for which no public sanction was warranted."
Accordingly, the result of the complaints against Torgerson was a "dismissal with a warning." The Judicial Conduct Commission did not comment further on the case.
Through a Utah State Courts spokesperson, Torgerson declined to comment Thursday. Utah House Speaker Mike Schultz, R-Hooper – who previously called for Torgerson to step down – wasn't happy with the commission's decision to dismiss the complaints.
"I am disappointed by reports that the Judicial Conduct Commission failed to take any meaningful action regarding Judge Torgerson," Schultz said in a statement. "Minimizing child rape is unacceptable – full stop."
The House speaker added that when a judge violates the public trust, the response should be "clear and firm."
"Our judges play a vital role in preserving fairness and justice," said Schultz, "and we must hold them to the highest standards."
What did the judge say?
The case dates back to May 20 when Hoffman, who was 22 at the time, appeared in court for sentencing. According to court documents, Hoffman possessed and distributed child sexual abuse material, including images of children being raped.
Hoffman pleaded guilty to two felonies, while 10 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 was not meant to "minimize" what Hoffman did.
Calls for resignation
The judge's comments outraged Grand County Attorney Stephen Stocks, who said a defendant's "affluent status or their privilege" should not influence their sentence. They equally bothered Schultz, the Utah House speaker, and House Minority Leader Angela Romero, D-Salt Lake City.
Both Schultz and Romero called on Torgerson to resign, but he remains on the bench. Schultz previously told KSL a group of lawmakers would consider next steps and make a recommendation to the Legislature if the judge doesn't step down.
The Utah State Courts initially defended Torgerson and criticized KSL's reporting. 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.
Stocks, the Grand County attorney, declined further comment on the case or the findings of the Judicial Conduct Commission.
Torgerson has served as a judge since 2018. He was appointed by then-Gov. Gary Herbert. Prior to that, Torgerson was in private practice.
