EMBATTLED STATE JUDGE RESIGNS

Faced with the threat of impeachment by lawmakers or possible removal from
office by the Utah Supreme Court, a 4th District judge accused of drug
possession resigned Friday.

Judge Ray Harding Jr. submitted his resignation late Friday afternoon,
pre-empting a Judicial Conduct Commission recommendation expected to be
filed with the high court on Monday.

In a letter addressed to Chief Justice Christine M. Durham, Harding took
sole responsibility for his situation and apologized to Durham, his
colleagues and the people of Utah.

"I deeply regret any cloud my personal problems may have cast upon the fine
men and women who serve in the judiciary of this state," Harding wrote.
"While I am not naive about how history will regard me, I hope that in some
part my legacy will be that I worked hard for many years to see that justice
was administered fairly to all who appeared before me."

Harding told Durham he would not seek judicial office in the future.

House Majority Leader Rep. Greg Curtis, R-Sandy, said he now sees no reason
to proceed with impeachment.

"Our hope is that Harding can work to continue in his career and family
life," Curtis said. "It was never our intent to be punitive, but to protect
the public."

Legislators passed an impeachment resolution last week, citing what they saw
as a delay in getting Harding off the bench and a drain to public coffers
while the judge continued to collect his $103,000 annual salary on
administrative leave.

The Utah County judge is charged with two third-degree felonies for
possession of heroin and cocaine and is scheduled for a March 18 trial.
Harding and his defense attorney, Ed Brass, were unavailable for comment
Friday. Harding has pleaded innocent to the charges against him and has said
he looks forward to his day in court.

Harding, 49, was arrested after his wife called police to their Highland
home July 13, 2002, to say he had been up all night using drugs and acting
out of control.

Third District Judge Timothy Hanson has refused to suppress evidence in the
case, which includes drug paraphernalia bearing cocaine and heroin residue,
and a small amount of cocaine powder. Heroin and cocaine also were present
in hair samples taken from Harding.

In October, Anne Harding obtained a restraining order against her husband of
two years, claiming she feared revenge for calling the police. Testifying at
the restraining-order hearing, Anne Harding said she first saw her husband
smoking cocaine in January 2002.

During the next six months, she said, his drug use increased while he became
more delusional and aggressive, often swearing at her and once slamming her
against a concrete wall. She said she called police because her husband
refused to seek drug counseling.

Ray Harding, who filed for divorce in November, has denied abusing his wife
or placing her in fear for her safety.

After his arrest, Harding spent three months in drug-abuse therapy at the
Betty Ford Clinic in California between July and September.

Harding, whose father was also a 4th District judge, was appointed to the
bench in 1995.

The conduct commission now probably will re-evaluate its recommendation, but
could still recommend discipline even though Harding has resigned, said
Executive Director Colin Winchester.