- Utah's House Speaker Mike Schultz proposes revamping the Sentencing Commission, removing defense attorneys.
- The bill adds prosecutors and law enforcement, expanding voting members from 15 to 18.
- Critics argue it undermines balance; supporters cite public safety concerns after a controversial case.
SALT LAKE CITY — A proposal championed by Utah's House speaker would significantly revamp the state's Sentencing Commission, removing all criminal defense attorneys from the panel and replacing them with prosecutors and law enforcement.
The fact that HB274 is sponsored by House Speaker Mike Schultz, R-Hooper, is noteworthy as top legislative leaders rarely sponsor bills on their own. But Schultz is critical of some of the guidelines from the Sentencing Commission — which issues recommendations for judges to follow during sentencing hearings — and is pushing for a change.
"It's not working. It's broken," Schultz told reporters Monday. "My goal is to fix it. We want to work together collaboratively with all the stakeholders to fix it."
His bill would remove all three defense attorneys — criminal, indigent and juvenile — from the commission, which has 15 voting members. In their place, two additional criminal prosecutors, two more sheriffs and a pair of juvenile prosecutors would be added, expanding the number of voting members to 18.
The House speaker said his bill stems from a sentencing hearing that 7th District Judge Don Torgerson presided over last May, which was 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.
Schultz was infuriated by the judge's comments and the sentence. He and House Minority Leader Angela Romero, D-Salt Lake City, both called for Torgerson to resign, but the judge remains on the bench.
Since that case broke, Schultz said he has heard from law enforcement officers and prosecutors who are frustrated by the recommendations made by the commission. He blamed defense attorneys for recommending guidelines he says are too lenient on criminal defendants.
"The ultimate goal isn't to take the defense attorneys' voice away," Schultz said. "They're just the ones that advocate for zero days (of incarceration) on such a heinous crime."
HB274 is one of several proposals this year that the Utah State Bar opposes, arguing that removing defense attorneys from the commission "favors law enforcement and partisan viewpoints."
"The commission's credibility depends on a balanced, nonpartisan mix of perspectives, particularly between defense attorneys and prosecutors," the Utah State Bar wrote. "Altering that balance risks undermining its integrity, objectivity and public trust."
Steve Burton, director of the Utah Defense Attorney Association, told KSL this is a "tough issue."
"I think what Speaker Schultz is trying to do is strike the right balance between public safety and protecting the rights of defendants," Burton said. "We don't think the current version of the bill meets that balance very well."
Burton said there needs to be a variety of voices on the Sentencing Commission, as well as a recognition that "any kind of punishment should be proportional to the crime."
"There should be a distinction between punishment where someone might not belong in jail — and that might not help public safety overall — and someone that really deserves some significant punishment or incarceration," said Burton.
Another organization, the Utah Association of Criminal Defense Lawyers, added, "While we disagree with the bill as currently drafted, it has prompted a constructive dialogue. We want that dialogue to keep going to make sure it lands in the right place."
House Majority Leader Casey Snider, R-Paradise, said he supports the speaker's push to reform sentencing in the state, particularly after the child sex abuse material case involving Torgerson.
"On the other side of every one of those images is a child and a victim and somebody who was put in some of the most horrible positions imaginable," Snider said. "It's disgusting, and the fact that there is no justice to those children, that's what bothers me."
Besides altering the makeup of the Sentencing Commission, Schultz's bill would also require the panel to "review and revise" sentencing guidelines for certain serious crimes, including sexual offenses. HB274 received approval from the House Judiciary Committee last week and awaits a vote in the full House of Representatives.
