HR 8 — Resolution Admonishing and Censuring Judge Don M. Torgerson

03-02Enrolled 14:28Copy H.R.

WHEREAS, Judge Torgerson swore a constitutional oath that he would discharge the H duties of his office with fidelity;

R WHEREAS, on May 20, 2025, Judge Torgerson presided over the sentencing hearing of a .defendant who was convicted of felony child sexual exploitation for possessing multiple images and videos of prepubescent children being raped or sexually assaulted;

defendant who was convicted of felony child sexual exploitation for possessing multiple 8 images and videos of prepubescent children being raped or sexually assaulted;

WHEREAS, Judge Torgerson, after reviewing two of the illicit videos that were in the defendant's possession involving the sexual assault of children, commented, "I've seen worse";

8 03-02Enrolled 14:28Copy Ĥ→WHEREAS, [WHEREAS, at the hearing, Judge TorgersonTorgerson, sentencedafter thereviewing 22-yeartwo old defendant to 32a 112 ] ←Ĥ Ĥ→ [days already served in jail, despite the presentence investigation report's recommended 33a 210 ] ←Ĥ Ĥ→ [days of jail time and the prosecutor'sillicit requestvideos forthat prisonwere timein to reflect the defendant's ]possession ←Ĥinvolving Ĥ→ [horrendous crimes;] ←Ĥ WHEREAS, Judge Torgerson commented that the servedsexual timeassault was a lot of jailchildren, timecommented, for"I've someoneseen theworse"; defendant's age "who comes from some level of privilege";

WHEREAS, Judge Torgerson statedcommented that the defendantserved couldtime helpwas othersa inlot the defendant's situation and had more of ajail voicetime thanfor somesomeone because the defendantdefendant's age "who comes from asome backgroundlevel of someprivilege"; privilege Ĥ→ [, indicating that this opportunity was a consideration for issuing a lighter ] ←Ĥ Ĥ→ [sentence] ←Ĥ ;

WHEREAS, Judge Torgerson stated that the defendant could help others in the defendant's situation and had more of a voice than some because the defendant comes from a background of some privilege;

and WHEREAS, UCJC Rule 2.3 states, "A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, religion, national -origin, 2ethnicity, -disability, 03-02age, 14:28sexual H.R.orientation, marital status, socioeconomic status, or political affiliation.

8 origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation.

Ĥ→ [BE IT FURTHER RESOLVED that the Utah House of Representatives condemns 66a Judge ] ←Ĥ Ĥ→ [Torgerson's calculation that a defendant's privilege qualifies the defendant for a lighter ] ←Ĥ Ĥ→ [sentence despite the defendant's heinous actions victimizing vulnerable children.] ←Ĥ BE IT FURTHER RESOLVED that the Utah House of Representatives finds Judge Torgerson's conduct prejudicial to the administration of justice and brings his judicial office into disrepute.

BE- IT2 FURTHER- RESOLVEDEnrolled thatCopy theH.R. Utah House of Representatives hereby censures Judge Torgerson for his conduct.

8 BE IT FURTHER RESOLVED that the Utah House of Representatives hereby censures Judge Torgerson for his conduct.