On Thursday, March 5, 2026, The Salt Lake Tribune reported that the Utah House of Representatives, spearheaded by Republican Speaker Mike Schultz, voted 67-3 to censure Moab Judge Don Torgerson following comments he made during a sentencing hearing in a child sex abuse material case.
The censure is a rare rebuke of a state judge regarding a sentence viewed as overly lenient. However, a Republican Senate leader suggests the prosecutor should be under scrutiny. The House’s action targets Judge Torgerson of the Seventh District Court, who presided over a case last year in Moab involving a 22-year-old Maine man who pleaded guilty to possessing child sex abuse material. Torgerson sentenced the man to 112 days in jail, which he had already served, and four years of probation.
During the sentencing, Torgerson twice mentioned the defendant’s “privilege,” stating that 112 days was “a lot of jail time for someone your age who comes from some level of privilege.” Speaker Schultz expressed outrage and demanded Torgerson’s resignation, a call later echoed by House Democratic Leader Angela Romero of D-Salt Lake City.
The Administrative Office of the Courts issued a statement noting that the prosecutor, Grand County Attorney Stephen Stocks, agreed to probation instead of a prison sentence, and the 112 days served fell within the Adult Probation and Parole’s pre-sentence report recommendations. While the sentence aligns with legislative guidelines, Schultz has continued to press the issue.
Schultz stated on Monday, March 2, that the comments about the defendant’s “privilege” were wrong, especially considering he had “seen worse” images and videos related to the case. He asserted that Torgerson should resign or be removed from the bench, deeming his comments unacceptable.
Assistant State Court Administrator Michael Drechsel countered that the resolution omitted that the prosecutor agreed to drop 18 first-degree felonies, reduced the remaining two charges to second-degree felonies, and agreed to “supervised probation” instead of imprisonment. A court spokesperson declined to comment on the resolution.
Senate Majority Assistant Whip Mike McKell (R-Spanish Fork) acknowledged Torgerson’s “dumb things” during sentencing but deemed the resolution “misguided,” suggesting concerns about the prosecutor’s conduct and advocating for review by the Prosecutorial Conduct Commission.
Legislators established a prosecutor oversight body last year to review cases where prosecutors allegedly violate professional standards impacting due process rights. If misconduct is found, the commission can issue findings to the prosecutor’s employer, the Utah State Bar, and the police.
A House committee slightly softened the condemnation on Monday, and a vote is expected soon. The Salt Lake Tribune is withholding the defendant’s name due to its policy against reporting individual child sex abuse material possession cases and because the Legislature’s focus is on the judge’s decision.
Schultz mentioned discussions about impeachment but cited “mixed” feelings among House members, leading to the censure decision. The resolution is solely a House action, as opposed to a joint resolution with the Senate, reportedly due to friendships between McKell and Judge Torgerson. The bill expresses the House’s anger without requiring Senate support or impacting Torgerson’s position, though Schultz hopes the public considers it during Torgerson’s 2028 retention election.
Source: The Salt Lake Tribune
