ARREST OF JUDGE RARE IN UTAH, EXPERTS SAY

Although seen in other states, the arrest of a district court judge is a
very rare occurrence in Utah, say legal experts.

The arrest last weekend of 4th District Judge Ray M. Harding Jr. for
investigation of drug possession opens the doors to questions about whether
Harding's arrest will affect his past rulings, particularly the drug cases.

"Nationwide, it (the arrest of judges) happens all the time. Just look in
the discipline section in bar journals," said Erik Luna, a University of
Utah law professor. "Utah, I think, has an exceptionally clean judiciary."

Luna attributes Utah's well-behaved judges to the state's judicial
screening process and the clean-cut communities from which judges hail.

Harding was arrested July 13 after his wife called police to their Highland
home. Police say Harding's family had gathered to confront the judge over
an alleged ongoing drug problem.

Upon searching the home, police reported finding quantities of cocaine,
heroin and barbiturates. Harding, who was released Monday on $10,000 bail,
has been suspended from the bench by Utah Supreme Court Chief Justice
Christine Durham pending the resolution of anticipated criminal charges.

But Luna said the public should take comfort in Harding's arrest. "This is
a public statement to citizens in Utah that not even judges are above the law."

In the short term, Luna said, court officials will have to scramble to
assign cases to other judges. Dan Becker, administrator of state courts,
said the impact on Utah's courts isn't much different than if a judge died.

"I think that the things that are needed are in place," he said.

Utah's law allows things to happen quickly to ensure that cases are not
lost or delayed, Becker said.

In Provo's 4th District, Paul Sheffield, who oversees the trial courts,
said most of Harding's 357 cases have been handed over to Judge Gary Stott.

Sheffield said typically the district's presiding judge handles such
logistics - but Harding was elected presiding judge last month.

The associate presiding judge, John Backlund, has assumed the duties.

In the long term, however, court executives may begin to see a crush of
appeals from inmates sentenced by Harding.

"The long-term ramifications are that certain criminal defendants will be
making claims on appeal that their judgments should be reversed," Luna said.

Defendants in drug cases are likely to argue it was deceitful on Harding's
part to pass judgment on an accused drug user when he may have been using
drugs. In other cases, attorneys may claim the judge could have been under
the influence of the controlled substances while on the bench.

"But this is much harder to prove," Luna said.

Defense attorneys are waiting to see what happens to Harding. Many say they
are poised to file appeals on behalf of their clients.

Salt Lake City attorney Joe Nelson said he plans to appeal Harding's ruling
in a securities fraud case.

"We definitely have intentions," Nelson said. "Our position is that all
along his drug habit goes back a long way and that in court his behavior
was not the same as it was before."

During several hearings Nelson claims Harding appeared "pale" and "removed."

Since news of the arrest, Utah County criminal defense attorney Mike Esplin
said his telephone message system is filled with clients demanding appeals.

"If I were a defendant I certainly would be concerned," Esplin said. "But
all we have is rumors. We have to wait until the facts come in."

Most defense attorneys said they plan to wait until Harding is formally
charged. According to the Utah Attorney General's Office, evidence has been
sent for testing. Until results come back, charges may be down the road.

Sheffield said currently the court has received no appeals challenging a
Harding decision.

Prosecutors in Utah County Attorney Kay Bryson's office downplay the
arrest, saying they expect little effect on past rulings.

"I don't think it will have a huge impact because Harding was doing an
excellent job," said Sherry Ragan, a deputy county attorney.

Harding, appointed to the bench in 1995 by Gov. Mike Leavitt, underwent the
traditional lawyer rating process prior to his 1998 retention election.

Of the some 62 attorneys questioned, Harding received high marks for
"professional behavior," "weighing evidence" and "issuing orders without
unnecessary delay" from the 62 lawyers that responded.

The state approval standard for judges is 70 percent. Harding's ratings
averaged around 88 percent.

Ragan said she thinks it will be tough for attorneys to claim that
Harding's alleged drug problem adversely impacted their cases.

"His sentences were in line with what other judges have given," Ragan said.
"There doesn't appear to be anything in anything he did that would
demonstrate any kind of bias."

Harding has presided over some high-profile cases in the past year.

Last April, Harding sentenced Arturo Welch to life in prison without parole
for fatally shooting a Lehi police officer.

Harding also has presided over the murder case of Boyd Mason who is accused
of using a shotgun to kill his wife in Payson.

Last February, Harding dismissed drug charges against a former Utah County
corrections officer accused of smuggling drugs into the jail for a male
inmate. Harding ruled that Melissa Sprague was entrapped by undercover
narcotics agents. Ragan says she was not pleased by his ruling - but said
she will not seek a reversal.

According to case law nationwide, Luna said, there are scant examples of
defendants who win appeals after a judge had been criminally charged.

As for Harding's career, if convicted of a felony, Luna said his careers as
a judge and as an attorney are over. If Harding is able to negotiate a deal
and plead guilty to a misdemeanor, he may be able to save his license.

He would be removed from his judgeship, however.

If Harding is found innocent, Luna said, Harding could be back to work as a
judge - but there would be strong political pressures on him.

"Really," Luna said, "only politicians come back from worse."