4TH DISTRICT JUDGE FACES FELONY COUNTS

A 4th District judge may be the first Utah judge to be charged with a
felony crime in recent times.

In conferring with Utah's Chief Justice Christine Durham, court
administration spokeswoman Jan Thompson said Judge Ray Harding Jr. may be
the first Utah judge charged with a felony crime in at least 24 years.
Thompson said no one has worked for the courts long enough to remember past
that.

Officials with the Utah Attorney General's Office announced Monday
afternoon that they had filed two third-degree felony counts of drug
possession against Harding for possession of cocaine and heroin. The crime
is punishable with up to five years in prison, but typically such drug
crimes are pleaded down in exchange for an agreement to seek drug
rehabilitation, particularly for first-time offenders.

"We're not going to handle this any differently because he's a judge," said
Kirk Torgensen, criminal division chief for the Utah Attorney General's
Office. The attorney general is handling Harding's case to avoid a conflict
of interest if the case were handled by fellow 4th District judges.

During a news conference Monday, Torgensen said hair samples taken from the
48-year-old judge tested positive for traces of cocaine and heroin.
Torgensen declined to say how long they suspect Harding allegedly had been
abusing drugs, only adding that drugs found in hair can indicate weeks or
months of abuse as opposed to tests on blood or urine.

Shortly after being appointed as presiding judge in the 4th District,
Harding was arrested July 13 at his home in Highland after his wife called
police to turn him in. Police say members of Harding's family had gathered
to confront the judge about an alleged ongoing drug habit. According to
search warrant affidavits, when police arrived, Harding's wife met police
at the door with a small amount of cocaine to turn over to them. Police
also noted that Harding appeared to be under the influence of drugs at the
time. He was arrested and booked into the Utah County Jail.

Since then, Harding remains out on $10,000 bail and has been suspended from
the bench pending the outcome of the charges. Court officials say they do
not expect Harding will keep his job.

Harding's absence has put a strain on the caseload in 4th District. Fellow
judges have had to scramble to take up the some 357 criminal cases Harding
was handling. Court officials have sent a plea to the state to hire a
temporary judge to step in and help.

Torgensen said the Attorney General's Office has yet to talk to Harding,
who immediately retained an attorney and has refused to speak. Torgensen
said they have been in contact with Harding's attorney, Ed Brass, but when
asked if Harding had been cooperating with the investigation Torgensen
declined to comment.

Ed Brass said Monday that he had no comment about the charges at this
point, adding he and Harding needed time to study their options.

Torgensen said the Utah County Attorney's Office is conducting an
independent investigation to find out who was supplying a district judge
with drugs. According to police, none of Harding's family is implicated.

Court officials fear that charges against Harding will lead to a flood of
motions challenging Harding's competency on the bench. So far, two Provo
attorneys have filed motions in a securities fraud case, questioning if
Harding was under the influence of drugs while on the bench.

Mike Esplin and Shelden Carter, on behalf of their clients Terry Stephenson
and Grant Mills, have asked for time to learn the extent of Harding's
alleged abuse, wanting to subpoena documents from the investigation and
hire experts on drug abuse.

An official with the Utah County Attorney's Office says such a motion is in
poor taste and will not hold up in court.

Torgensen said Harding's case may be moved to Salt Lake City. He is
expected to appear in 3rd District Court before Judge Tim Hanson next week
to face the felony charges.