The attorney for a Utah County judge blasted lawmakers Tuesday for moving ahead to impeach his client.
The Utah House made history Monday when it voted to start impeachment proceedings against 4th District Court Judge Ray Harding Jr.
"It's bizarre, it doesn't make any sense," said Ed Brass, Harding's attorney.
House members voted 66-9 to approve the resolution that would begin the impeachment process against Harding, who is awaiting trial on two third-degree felony counts of drug possession. He was charged after a July 13 search of his Highland home.
Brass criticized the resolution's sponsor, Rep. Neal Hendrickson, D-West Valley City, for going after Harding at the same time the Judicial Conduct Commission is considering disciplinary action against the judge. Hendrickson also sits on the commission.
"Now they want to kick him when he's down," Brass said.
Several legislators urged compassion for Harding during debate of the resolution.
Others said the Utah Supreme Court has received a formal — yet secret — disciplinary recommendation from the JCC and that the high court will probably rule before the lengthy and expensive impeachment by the House and trial in the Senate could be completed.
"I know (Harding) well," said Rep. Steve Clark, R-Provo. "He is a very fine man. He made a lot of mistakes. I'm telling you if you continue this on you'll be rubbing this into wounds already inflicted.
"He will lose his law license. He will never be a judge again. He has lost his family. And he's still battling drug addiction" even though Harding completed a three-month drug rehabilitation course in California, Clark said.
"We should not drive this final nail (of impeachment) into his coffin," Clark said. "Let's be humane and move on with our business. Let the judicial (criminal) process move on."
Gay Taylor, legislative general counsel, said impeachment is a political process, not a judicial process. Harding can be removed for malfeasance in office and dishonoring his office, charges proved with a preponderance of evidence. The higher beyond-a-reasonable-doubt standard used in a criminal case does not apply, she said.
Rep. Scott Daniels, D-Salt Lake, a former judge, said a full-blown impeachment process could cost the state hundreds of thousands of dollars at a time when revenue is tight.
Perhaps it must be done, Daniels said. But he urged caution and deliberation.
But others clearly wanted to act swiftly, in part to send a message to Harding and other judges that such "dishonor" in the judicial branch of government won't be tolerated.
Hendrickson has said before that he hoped formal impeachment proceedings would force Harding to resign.
Harding has been on paid suspension since his arrest, drawing his $103,000 salary since last summer. Brass said the lawmakers should let the judicial branch perform its duty.
"Why don't they let it do its statutory business? He (Hendrickson) is not letting them act in the way it was intended," he said.
But Brass has angered lawmakers by filing motions to delay both Harding's trial and the proceedings against him in the JCC and high court.
Several said if impeachment proceedings don't go forward, other troubled judges and the Supreme Court itself may see that the Legislature is slow to act in such serious misconduct cases.
A special prosecutor will be hired. Investigators will also be hired, as needed, to bring evidence to the House Judiciary Committee, which will hear the evidence against Harding. If the committee votes out any articles of impeachment, the whole House will consider them. If they vote to impeach, a trial will start in the Senate, with all 29 senators sitting as judges, said Taylor.
The general session ends March 5. But the constitution allows the Legislature to stay in general session longer to hear impeachments. Leaders said not all 104 legislators would draw their daily salaries and expenses if impeachment continues after March 5.
Judiciary Committee members will be paid for their daily work; the whole House paid while it considers articles of impeachment; the whole Senate paid for trial days — if it all comes to that.
Or maybe the Supreme Court will soon act on the JCC's recommendations — whatever they may be — and Harding could be removed from office quickly, others explained.
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