Resolution Admonishing and Censuring Judge Don M. Torgerson

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Resolution Admonishing and Censuring Judge Don M. Torgerson
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
LONG TITLE
General Description:
This resolution admonishes and censures Judge Don M. Torgerson.
Highlighted Provisions:
This resolution:
recognizes the importance of protecting children from sexual exploitation and assault and
the lifelong impact of sexual exploitation on child victims and their families;
censures Judge Don M. Torgerson for his statements made during a sentencing hearing
for a defendant convicted of child sexual exploitation; and
expresses disappointment that the Utah State Courts provided inaccurate information
about Judge Torgerson's statements.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Be it resolved by the House of Representatives of the state of Utah:
WHEREAS, protecting children from sexual exploitation and assault, and recognizing the
lifelong impacts child victims and their families bear, is paramount to the Legislature and the
citizens of Utah;
WHEREAS, Judge Don M. Torgerson was appointed to and currently serves in the Seventh
District Court of Utah;
WHEREAS, Judge Torgerson swore a constitutional oath that he would discharge the
duties of his office with fidelity;
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;
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";
WHEREAS, Judge Torgerson commented that the served time was a lot of jail time for
someone the defendant's age "who comes from some level of privilege";
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;
WHEREAS, while public officials, including judges, may occasionally misspeak or poorly
phrase their thoughts when speaking extemporaneously, at those times the correct course of
action is to take responsibility for any misstatements and apologize;
WHEREAS, after a news outlet reported Judge Torgerson's decision and remarks, the Utah
State Courts did not denounce Judge Torgerson's comments, but rather issued a statement on
May 28, 2025, suggesting that the prosecutor had agreed to probation rather than time
incarcerated in prison;
WHEREAS, despite the Utah State Courts' statement to the contrary, the plea agreement
clearly states that the prosecutor did not agree to an amount of incarceration time and the
prosecutor actually requested in the hearing that the defendant serve prison time;
WHEREAS, the Preamble to the Utah Code of Judicial Conduct (UCJC) states that,
"judges, individually and collectively, must respect and honor the judicial office as a public
trust and strive to maintain and enhance confidence in the legal system";
WHEREAS, UCJC Rule 1.2 states, "A judge should act at all times in a manner that
promotes-and shall not undermine-public confidence in the independence, integrity, and
impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety";
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, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or
political affiliation. . .":
NOW, THEREFORE, BE IT RESOLVED that the Utah House of Representatives strongly
condemns Judge Torgerson's statements minimizing the severity of child rape.
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 IT FURTHER RESOLVED that the Utah House of Representatives hereby censures
Judge Torgerson for his conduct.
BE IT FURTHER RESOLVED that the Utah House of Representatives is disappointed in
the Utah State Courts' inaccurate statement defending Judge Torgerson.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to Judge Torgerson,
the Judicial Conduct Commission, and the Judicial Council, and be recorded on the pages of
the House Journal.
3-4-26 7:05 AM