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News (Media Awareness Project) - US UT: 10,000 Bail Set For 4th District Judge
Title:US UT: 10,000 Bail Set For 4th District Judge
Published On:2002-07-15
Source:Deseret News (UT)
Fetched On:2008-01-22 23:21:07
10,000 BAIL SET FOR 4TH DISTRICT JUDGE

Harding Could Lose His Job If Convicted Of Drug Charges

PROVO - For almost seven years, Judge Ray Harding Jr. presided as countless
criminal defendants appeared in his courtroom to face justice.

Harding saw the judge's bench Monday from the other side.

The judge, accused of possession of a controlled substance, appeared at a
bail hearing Monday in Provo's 4th District Court.

Clad in jail garb and chains, Harding sat quietly and occasionally
whispered to his attorney before bail was set at $10,000 by 3rd District
Court Judge Tim R. Hanson.

Harding's wife looked on in silence as Hanson set the judge's bail.

"This is, of course, very difficult for me," said Deputy Utah County
Attorney Sherry Ragan, adding she respected the judge.

Ragan said the bail amount was settled in the judge's chambers by both
sides. It also was approved by Harding's wife.

Defense attorney Randy J. Young told Hanson that Harding expected to make
bail later Monday.

Young refused to answer any questions outside of court. Harding's wife was
escorted back into the secure area of the court building, an apparent
attempt to avoid the glare of news cameras.

According to officials at the Lone Peak Public Safety District, Harding's
family called police to report the alleged drug abuse.

Police Chief Donald "Kip" Botkin said police were initially called to
Harding's Highland house about 7:30 a.m. on a medical incident.

As police responded, the caller then mentioned the possibility of narcotics
and a possible domestic disturbance.

After an officer arrived, Botkin said family members turned over 1/16th of
an ounce of what appeared to be cocaine.

Members of the Utah County Major Crimes Task Force later obtained two
search warrants from a 3rd District judge to search Harding's home and
another to search Harding's person.

Deputies reported finding suspected heroin and barbiturates at the house.
At 5 p.m. Saturday, Harding was booked into jail.

Harding's father, Ray Harding Sr., also served as a judge in 4th District
Court. Ray Harding Sr. served 15 years as a court judge and was the first
judge in Utah County to preside over the county's drug court.

Jan Thompson, spokeswoman for the Utah Administrative Office of the Courts,
told the Deseret News the chief justice of the Utah Supreme Court was
preparing to temporarily remove Harding from the bench until the criminal
charges are resolved.

If convicted, Harding faces the possibility of being removed from the bench
as well as being disbarred from practicing law in Utah.

Court staff reported that 4th District Judge James Taylor will handle
Harding's court calendar Monday and Tuesday.

Harding had previously scheduled vacation time for the remainder of the
week and next week.

At this point, the administrative office, which manages Utah's courts and
judges, has not decided how to handle Harding's cases.

One option, Thompson said, is to ask a retired district judge to fill the
bench on a temporary basis.

Another option is to disburse the cases among other 4th District judges.
Given the state's tight budget crunch, Thompson said options were very limited.

Harding was presiding over two high-profile cases - the cases of Brandon
Christen and Boyd Mason

Christen was found guilty of child sex abuse for breaking into a Pleasant
Grove home and molesting an 8-year-old girl in her bedroom. Mason is
accused of fatally shooting his ex-wife. Harding recently took under
advisement several evidentiary motions relating to that case.

If Harding is found guilty, both prosecutors and defense attorneys
anticipate the ramifications could impact many cases over which he presided.

A similar incident occurred last May in Phoenix, Ariz., when two men, given
the death sentence by a superior court judge, appealed their convictions
after the judge was caught trying to order marijuana by mail.

Ragan said the attorneys at her office were shocked at the news of
Harding's arrest. "He's an excellent judge. I think we're all shocked that
he might have some kind of problem."
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