JUDGE'S JUDGMENT QUESTIONED

2 Attorneys Want Review of Rulings Made by Harding

PROVO - Two Provo attorneys are asking for a review of two cases heard
by a judge who has been arrested for investigation of drug possession.

They say 4th District Judge Ray Harding Jr. may have used illegal
substances before court proceedings, depriving courtroom defendants of
a "fair adjudication."

Attorneys Mike Esplin and Sheldon Carter have filed motions for review
for Terry Stephenson and Grant Mills, who both face multiple felony
counts of securities fraud.

Harding, who was arrested at his home July 13, "was obviously under
the influence of drugs during the time frame within which he
considered these matters," the attorneys wrote in the motion.

County prosecutors fear an avalanche of similar motions.

"When we heard of the arrest, of course we expected to see these kind
of motions," said David Wayment, deputy county attorney. "But we also
heard that it would be an uphill battle for these type of things."

Wayment pointed out that Harding has not yet been charged.

And legal experts say attempting to prove that a judge's drug use
directly impacted a case is an uphill battle.

Successful reversals of a judge's decision based on misconduct is
scarce nationwide.

"All citizens are entitled to a presumption of innocence. This applies
to judges, too," Wayment said. "It's premature, and frankly a little
bit distasteful, to be accusing anybody of that."

Wayment said the attorneys must be able to prove Harding was under the
influence while on the bench.

But both Esplin and Carter say the arrest is enough to throw doubt on
Harding's judgment.

They ask, "Can one receive a fair hearing before a fair tribunal if
the presiding judge is under the influence of drugs?"

The Utah Attorney General's Office has concluded its investigation and
charges may be filed soon, a spokesman said.

Police search warrants say cocaine, heroin and barbiturates were found
at Harding's home.

Harding has been released on $100,000 bail and has been suspended from
his duties by Utah Supreme Court Chief Justice Christine Durham,
pending the outcome of a probe.

Esplin and Carter say they want prosecution of Mills and Stephenson
put on hold until investigations of Harding's alleged drug use are
completed.

The two men were both charged in 1998 with multiple counts for
fraud.

According to court records, some 20 people purchased a total of $1.9
million in unregistered securities between 1993 and 1997. Neither was
licensed to sell securities, and both were accused of lying to
investors and failed to repay them.

Since being charged, the two men have idled in the justice system,
filing appeals and motions to dismiss charges.

When Harding was arrested, the two were in negotiations for a plea
deal with prosecutors, Wayment said.