HR 8

 Enrolled Copy  H.R. 8
1Resolution Admonishing and Censuring Judge Don M. Torgerson
                                        2026 GENERAL SESSION
                                            STATE OF UTAH
                                    Chief Sponsor: Matt MacPherson
2
3  LONG TITLE
4  General Description:
5      This resolution admonishes and censures Judge Don M. Torgerson.
6  Highlighted Provisions:
7      This resolution:
8      ▸ recognizes the importance of protecting children from sexual exploitation and assault and
9  the lifelong impact of sexual exploitation on child victims and their families;
10      ▸ censures Judge Don M. Torgerson for his statements made during a sentencing hearing
11  for a defendant convicted of child sexual exploitation; and
12      ▸ expresses disappointment that the Utah State Courts provided inaccurate information
13  about Judge Torgerson's statements.
14  Money Appropriated in this Bill:
15      None
16  Other Special Clauses:
17      None
18
19  Be it resolved by the House of Representatives of the state of Utah:
20      WHEREAS, protecting children from sexual exploitation and assault, and recognizing the
21  lifelong impacts child victims and their families bear, is paramount to the Legislature and the
22  citizens of Utah;
23      WHEREAS, Judge Don M. Torgerson was appointed to and currently serves in the Seventh
24  District Court of Utah;
25      WHEREAS, Judge Torgerson swore a constitutional oath that he would discharge the
26  duties of his office with fidelity;
27      WHEREAS, on May 20, 2025, Judge Torgerson presided over the sentencing hearing of a
28  defendant who was convicted of felony child sexual exploitation for possessing multiple
29  images and videos of prepubescent children being raped or sexually assaulted;
 H.R. 8  Enrolled Copy
30WHEREAS, Judge Torgerson, after reviewing two of the illicit videos that were in the
31   defendant's possession involving the sexual assault of children, commented, "I've seen worse";
32WHEREAS, Judge Torgerson commented that the served time was a lot of jail time for
33   someone the defendant's age "who comes from some level of privilege";
34WHEREAS, Judge Torgerson stated that the defendant could help others in the defendant's
35   situation and had more of a voice than some because the defendant comes from a background
36   of some privilege;
37WHEREAS, while public officials, including judges, may occasionally misspeak or poorly
38   phrase their thoughts when speaking extemporaneously, at those times the correct course of
39   action is to take responsibility for any misstatements and apologize;
40WHEREAS, after a news outlet reported Judge Torgerson's decision and remarks, the Utah
41   State Courts did not denounce Judge Torgerson's comments, but rather issued a statement on
42   May 28, 2025, suggesting that the prosecutor had agreed to probation rather than time
43   incarcerated in prison;
44WHEREAS, despite the Utah State Courts' statement to the contrary, the plea agreement
45   clearly states that the prosecutor did not agree to an amount of incarceration time and the
46   prosecutor actually requested in the hearing that the defendant serve prison time;
47WHEREAS, the Preamble to the Utah Code of Judicial Conduct (UCJC) states that,
48   "judges, individually and collectively, must respect and honor the judicial office as a public
49   trust and strive to maintain and enhance confidence in the legal system";
50WHEREAS, UCJC Rule 1.2 states, "A judge should act at all times in a manner that
51   promotes-and shall not undermine-public confidence in the independence, integrity, and
52   impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety";
53   and
54WHEREAS, UCJC Rule 2.3 states, "A judge shall not, in the performance of judicial
55   duties, by words or conduct manifest bias or prejudice or engage in harassment, including but
56   not limited to bias, prejudice, or harassment based upon race, sex, gender, religion, national
57   origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or
58   political affiliation. . .":
59NOW, THEREFORE, BE IT RESOLVED that the Utah House of Representatives strongly
60   condemns Judge Torgerson's statements minimizing the severity of child rape.
61BE IT FURTHER RESOLVED that the Utah House of Representatives finds Judge
62   Torgerson's conduct prejudicial to the administration of justice and brings his judicial office
63   into disrepute.
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 Enrolled Copy  H.R. 8
64      BE IT FURTHER RESOLVED that the Utah House of Representatives hereby censures
65  Judge Torgerson for his conduct.
66      BE IT FURTHER RESOLVED that the Utah House of Representatives is disappointed in
67  the Utah State Courts' inaccurate statement defending Judge Torgerson.
68      BE IT FURTHER RESOLVED that a copy of this resolution be sent to Judge Torgerson,
69  the Judicial Conduct Commission, and the Judicial Council, and be recorded on the pages of
70  the House Journal.
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