News (Media Awareness Project) - US UT: Harding Is Expected In Court To Change Drug Charges Plea |
Title: | US UT: Harding Is Expected In Court To Change Drug Charges Plea |
Published On: | 2003-03-04 |
Source: | Salt Lake Tribune (UT) |
Fetched On: | 2008-01-20 23:12:35 |
HARDING IS EXPECTED IN COURT TO CHANGE DRUG CHARGES PLEA
Former 4th District Judge Ray Harding Jr. -- who resigned from the bench on
Friday -- will appear at a hearing today in 3rd District Court, where he is
expected to change his plea to drug charges, according to the Administrative
Office of the Courts.
Harding, 49, previously pleaded innocent to two third-degree felonies for
possession of cocaine and heroin.
Each count is punishable by up to 5 years in prison. But first-time drug
offenders who resolve their cases with plea deals typically are sentenced to
probation, drug treatment and minimal jail time, if any.
If Harding does not enter into a plea-bargain agreement, the case presumably
will proceed to a scheduled March 18 trial before 3rd District Judge Timothy
Hanson. Harding, who has been upbeat at prior court hearings, told news
reporters a month ago he was "looking forward" to trial.
The judge resigned just as the state Judicial Conduct Commission was
preparing to send recommendations for sanctions -- possibly including his
removal from the bench -- to the Utah Supreme Court. Meanwhile, state
legislators were threatening to impeach him.
Harding's resignation puts an end to his taxpayer-funded paychecks. Placed
on administrative leave following his July arrest, Harding has continued to
collect his $103,000 yearly salary.
The resignation also will bring an end to the judge shortage in the 4th
District -- covering Juab, Millard, Utah and Wasatch counties -- where
Harding's cases have been handled by fellow 4th District judges, with help
from other judges statewide.
Paul Sheffield, court executive for the 4th District, said the process of
selecting a new judge will begin this week or next, when court
administrators announce the vacancy created by Harding, as well as one
created by the appointment of 3rd District Judge Ronald Nehring to the Utah
Supreme Court.
Still, it could be months until Harding's replacement is seated.
Judicial selection begins with a 30-day application period.
Applicants are screened and interviewed by a judicial nominating commission,
which forwards nominees to Gov. Mike Leavitt, who will have 30 days to make
his pick. The Utah Senate then has 60 days in which to confirm or reject the
governor's selection.
Harding, whose father was also a 4th District judge, was appointed to the
bench in 1995.
He was arrested July 13, 2002, at his Highland home after his wife, Anne
Harding, called police to say he had been using drugs and acting out of
control.
A police search of Harding's home and outbuildings allegedly turned up drug
paraphernalia bearing traces of cocaine and heroin, as well as a small
amount of cocaine powder. Heroin and cocaine were also present in samples of
Harding's hair, according to prosecutors.
Following his arrest, Harding spent three months in drug-abuse therapy at
the Betty Ford Clinic in California.
Harding's drug supplier remains a mystery. Utah County Attorney Kay Bryson
said Monday that police had a suspect in mind, "but there was never enough
proof to substantiate that person was the source of his drugs."
Former 4th District Judge Ray Harding Jr. -- who resigned from the bench on
Friday -- will appear at a hearing today in 3rd District Court, where he is
expected to change his plea to drug charges, according to the Administrative
Office of the Courts.
Harding, 49, previously pleaded innocent to two third-degree felonies for
possession of cocaine and heroin.
Each count is punishable by up to 5 years in prison. But first-time drug
offenders who resolve their cases with plea deals typically are sentenced to
probation, drug treatment and minimal jail time, if any.
If Harding does not enter into a plea-bargain agreement, the case presumably
will proceed to a scheduled March 18 trial before 3rd District Judge Timothy
Hanson. Harding, who has been upbeat at prior court hearings, told news
reporters a month ago he was "looking forward" to trial.
The judge resigned just as the state Judicial Conduct Commission was
preparing to send recommendations for sanctions -- possibly including his
removal from the bench -- to the Utah Supreme Court. Meanwhile, state
legislators were threatening to impeach him.
Harding's resignation puts an end to his taxpayer-funded paychecks. Placed
on administrative leave following his July arrest, Harding has continued to
collect his $103,000 yearly salary.
The resignation also will bring an end to the judge shortage in the 4th
District -- covering Juab, Millard, Utah and Wasatch counties -- where
Harding's cases have been handled by fellow 4th District judges, with help
from other judges statewide.
Paul Sheffield, court executive for the 4th District, said the process of
selecting a new judge will begin this week or next, when court
administrators announce the vacancy created by Harding, as well as one
created by the appointment of 3rd District Judge Ronald Nehring to the Utah
Supreme Court.
Still, it could be months until Harding's replacement is seated.
Judicial selection begins with a 30-day application period.
Applicants are screened and interviewed by a judicial nominating commission,
which forwards nominees to Gov. Mike Leavitt, who will have 30 days to make
his pick. The Utah Senate then has 60 days in which to confirm or reject the
governor's selection.
Harding, whose father was also a 4th District judge, was appointed to the
bench in 1995.
He was arrested July 13, 2002, at his Highland home after his wife, Anne
Harding, called police to say he had been using drugs and acting out of
control.
A police search of Harding's home and outbuildings allegedly turned up drug
paraphernalia bearing traces of cocaine and heroin, as well as a small
amount of cocaine powder. Heroin and cocaine were also present in samples of
Harding's hair, according to prosecutors.
Following his arrest, Harding spent three months in drug-abuse therapy at
the Betty Ford Clinic in California.
Harding's drug supplier remains a mystery. Utah County Attorney Kay Bryson
said Monday that police had a suspect in mind, "but there was never enough
proof to substantiate that person was the source of his drugs."
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