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Utah House votes to begin impeachment inquiry into Fourth District Judge Ray M. Harding Jr.
Summary
The Utah House of Representatives voted 66–9 to begin impeachment proceedings against Fourth District Judge Ray M. Harding Jr., adopting House Resolution 9 to refer the matter to the House Judiciary Committee for investigation and possible drafting of articles of impeachment.
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The Utah House of Representatives voted to begin impeachment proceedings against Fourth District Judge Ray M. Harding Jr., approving House Resolution 9 by a 66–9 margin to refer the matter to the House Judiciary Committee for investigation.
Representative Neil Hendrickson, the resolution sponsor, opened the measure with a public reading of the resolution, which recited that Judge Harding was arrested on July 13, 2002, had tested positive for traces of controlled substances and had been suspended by the Utah Supreme Court. The resolution states that the allegations—if substantiated—could constitute “high crimes, misdemeanors, and malfeasance” in office under the Utah Constitution and directs the House to commence an inquiry and adopt rules governing impeachment proceedings.
In floor debate, legal counsel Jay Taylor explained the process: if HR9 is approved the Speaker refers the matter to the House Judiciary Committee, which will gather evidence and determine whether to draft articles of impeachment. If the committee approves articles, the full House must adopt any article by a two-thirds vote to impeach; any articles approved by the House would then be transmitted to the Senate, which would conduct a trial. Taylor said the House typically acts as a fact-finding and charging body and that any conviction by the Senate requires a two-thirds vote.
Members who supported the resolution framed it as a constitutional duty to act when public trust is at stake. Representative John Ferri said the Legislature has a responsibility to protect the public when a judge’s conduct undermines confidence in the judiciary. Opponents and cautious members emphasized cost and timing: members asked for fiscal estimates and noted the Judicial Conduct Commission and the Utah Supreme Court were already considering the matter. Representative Donald Morley warned that impeachment could prolong public attention and cost more than administrative review; Representative Becker asked that the House obtain an estimate of fiscal impact before taking final actions beyond starting the process.
Sponsor Hendrickson and other supporters stressed that the House vote to adopt HR9 did not itself impeach the judge. “This only starts the process,” Hendrickson said, urging members that a subsequent investigation would determine whether formal articles should be drafted. The House directed the inquiry to begin under rules to be approved by the body.
Next steps: HR9 was signed by the Speaker after the vote and will be acted on first by the House Judiciary Committee, which may hold hearings, subpoena evidence, and recommend whether the House should approve articles of impeachment.
