Utah top court disbars Harding for drug use

0 Comments | Deseret News (Salt Lake City), Dec 1, 2004 | by Geoffrey Fattah Deseret Morning News

The first judge in Utah history to leave the bench under charges of drug abuse is now the first judge in the state to be disbarred for illegal drug use.

In a unanimous ruling released Tuesday, the Utah Supreme Court said disbarment of former 4th District Judge Ray Harding Jr. was the only remedy to keep the public's confidence in the justice system.

"The Supreme Court came down as hard as they could have," said Harding's attorney, Greg Skordas, shortly after the ruling's release.

Chief Justice Christine Durham emphasized the importance of maintaining integrity as a judge. "We expect those to whom we entrust our lives, fortunes, and honor to exemplify those virtues. Respect for the rule of law is necessary for a democracy to function and to flourish," Durham wrote.

The high court also pointed out a Utah Bar screening panel did recommend suspending Harding's license to practice law or placing him on probation but said the act of allegedly using drugs while on the bench warranted disbarment, or the removal of his license to practice law in Utah.

Harding had been a member of the Utah Bar since 1978 and was appointed to the bench in 1995.

He was charged with two third-degree felony counts of possession of a controlled substance after testing positive for cocaine, opiates and Valium in July 2002. Harding's admitted drug abuse came to light when police were called to his Utah County home for a domestic disturbance on July 13, 2002. According to search warrants, police found cocaine, heroin and drug paraphernalia in Harding's home.

The shock and outcry among the public and the legal community soon reached the ears of legislators and in February 2003, the state House of Representatives passed a resolution to impeach Harding from the bench, the first such resolution in Utah history.

At the time, the Judicial Conduct Commission had suspended Harding, but he was still drawing his judicial salary. Harding eventually resigned before the state Senate had a chance to vote on the impeachment.

Harding pleaded guilty to two misdemeanor counts of attempted drug possession and was sentenced to 120 days in jail, fined $9,250 and ordered to perform 500 hours of community service. He was also placed on two years probation.

Since that time, the Supreme Court, which under Utah law disciplines judges and attorneys, wrestled with whether or not to allow Harding to continue to practice law.

Skordas said his client expected the ruling. "I suppose a person who's a judge should be held to a higher standard," Skordas said.

The court should have noted Harding's determination to fight his drug addiction by checking himself in to the Betty Ford Center and having tested clean for drugs since his arrest, Skordas said.

University of Utah law professor Erik Luna said the Supreme Court ruling sends a strong message to other judges that such behavior will not be tolerated. "It is eloquently worded and forcefully argued," Luna said. "It sends a message. It draws a line in the sand for members of the judiciary."

Placed in context, Luna said Utah's judges are clean. "Still, U.S. judges are squeaky clean compared to other judges across the world," he said.

Skordas said Harding has spent time helping others overcome drug addiction. Skordas said Harding had actually helped an attorney in his own office deal with drug addiction. "The man has been clean for six months, not because of me or some judge, but because of Ray Harding," Skordas said.

Harding had been pursuing a career as a legal mediator, which does not require a license or specifically a state bar license. However, in light of Tuesday's ruling, Skordas said, local attorneys may choose to steer clear of Harding's services and might force him to find another line of work.

As for moving out of state, Skordas said most state bar associations have reciprocal agreements, precluding Harding from practicing law in other states. Under bar rules, Harding can re- apply to the bar after five years, but will have to retake the state bar exam.

E-mail: gfattah@desnews.com