By Aidan Mortensen | KOAL News
Public outcry continues for 7th District Court Judge Don Torgerson following a sentencing where he gave no prison time to a man convicted of child exploitation. This outcry includes calls for resignation from Utah House Speaker Mike Schultz and, most recently, House Majority Whip Karianne Lisonbee.
Lisonbee took it a step further, suggesting impeachment might be the next course of action if Torgerson wasn’t to resign. But what does Utah’s impeachment process look like for members of the judiciary?
Much like the U.S. system, the House of Representatives holds the sole power of impeachment in Utah. According to Utah State Code 77-5-3,” to impeach, two-thirds of all the members elected shall vote therefor. Impeachments shall be by resolution. The resolution shall originate in and be adopted by the House of Representatives.”
With Utah’s legislature being a part-time body – only meeting for a 45-day general session – a provision has been laid out in the Utah State Constitution for matters of impeachment outside the 45-day window. “If not already convened in an annual general session, the House of Representatives may convene for the purpose of impeachment if a poll of members conducted by the Speaker of the House indicates that two-thirds of the members of the House of Representatives are in favor of convening.”
If impeached by a two-thirds majority in the House, the subject of impeachment is not fully removed. Instead, the impeached would appear before the state Senate for a trial.
Once a date is set for the hearing and a notice is served, the official will be temporarily suspended from office while the proceedings are underway. The vacancy would be filled by a governor’s appointee. Again, in order to be fully impeached, a two-thirds majority of senators must vote in favor of the action.
Officials in Utah may be impeached for “high crimes and misdemeanors,” the definition of which has been hotly contested by legal scholars. According to an analysis from Congress.gov, “The standard of high crimes and misdemeanors appears intended to address conduct involving an individual’s abuse of power or office.” Additionally, in Utah, officials can be convicted of “malfeasance” or an intentional, illegal, or wrongful act.
If convicted, the Utah State Code lays out the following steps,” The judgment may be that the officer be suspended, or removed from office and disqualified to hold any office of honor, trust, or profit in the state … The officer, whether convicted or acquitted, shall nevertheless be liable to prosecution, trial, and punishment according to law for any offense committed that constituted a basis for the impeachment proceedings.”
No judge has been impeached by lawmakers in Utah’s history. Reporting from the Salt Lake Tribune finds that the most recent impeachment proceedings by the legislature occurred in 2003 when a 66-9 vote sought to open an impeachment investigation into 4th District Judge Ray Harding Jr. Harding resigned before proceedings could take place.