A North Salt Lake justice court judge pleaded guilty Friday to two counts of attempted perjury and agreed to resign from the bench.
Attorney David Y. Payne, 49, Bountiful, was charged with two felony counts of perjury for allegedly lying about his assets during two separate divorce cases.In a plea agreement entered Friday in 2nd District Court, Payne pleaded guilty to two lesser charges of attempted perjury, a class A misdemeanor carrying a maximum sentence of one year in jail and a fine of up to $2,500. Each of the second-degree felony counts could have sent him to prison for up to 15 years.
As part of the deal struck between Payne, defense attorney Ron Yengich and Deputy Davis County Attorney Bill McGuire, Payne agreed to resign as North Salt Lake justice court magistrate by 5 p.m. Friday.
2nd District Judge Roger S. Dutson accepted the plea and scheduled sentencing for May 8.
"I have made a mistake. I am extremely sorry for the mistake," Payne said after the court hearing. "The attitude is one of extreme remorse."
Payne also faces possible discipline by the Utah State Bar, which could revoke or restrict his professional license. He is likely to be punished in some way by the Bar, Yengich said.
Yengich told Dutson that the plea effectively ends Payne's career "as a good and honorable judge in the city of North Salt Lake" and asked that no further punishment be handed out. But Dutson said he will direct the Weber County parole and probation department to conduct a pre-sentencing investigation to help him determine an appropriate sen-tence.
Yengich told the judge Payne has closed his law office, but said after the hearing his client may be able to resume practicing law.
"I don't know that it ends his legal career," Yengich said afterward. "People make mistakes and David has `fessed up to the mistake."
In case his license is suspended, Payne said he has taken real estate coursework and plans to become a Realtor.
"I have to support my kids," said a solemn Payne.
McGuire said he was satisfied with the plea agreement. He said charges of perjury are sometimes difficult to prosecute.
"That's why you don't see it very often, because they are very complex cases to deal with," he said. "We felt this was a good resolution of this matter."
According to charges filed previously in court, Payne did not disclose all assets from his legal business during testimony and depositions given during a 1993-94 divorce case involving his first wife, Susan. He allegedly made false statements, again related to his finances, in a 1995 annulment case with his second wife, Mikell Hansen.
Yengich and Payne declined to provide more details of his financial claims Friday, but said the issues with both former wives have been resolved through their attorneys.
Payne was appointed North Salt Lake justice court judge by the City Council. As a justice court magistrate, he heard cases involving violations of local ordinances, Class B misdemeanors or less serious offenses.