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H.R. 9 Enrolled







Sponsor: Neal B. Hendrickson

                  David Ure                   This resolution of the House of Representatives initiates impeachment proceedings
                  against Judge Ray M. Harding, Jr. of Utah's Fourth District for high crimes,
                  misdemeanors, and malfeasance.
                  Be it resolved by the House of Representatives of the state of Utah:
                      WHEREAS, Ray M. Harding, Jr. was appointed to the bench by Governor Michael O.
                  Leavitt in September, 1999;
                      WHEREAS, on July 13, 2002, Judge Ray M. Harding, Jr., the presiding judge in Utah's
                  Fourth District, was arrested for possession of drugs and drug paraphernalia;
                      WHEREAS, Judge Harding tested positive for traces of cocaine and heroin;
                      WHEREAS, on July 15, 2002, Judge Harding was suspended from the bench by Utah
                  Supreme Court Justice Christine Durham, pending the resolution of the criminal charges;
                      WHEREAS, search warrants allegedly found cocaine, heroin, and barbiturates;
                      WHEREAS, on September 9, 2002, Judge Harding was charged with two third-degree
                  felony counts of possession or use of a controlled substance;
                      WHEREAS, if convicted, Judge Harding could face a maximum penalty of up to five
                  years in prison for each count;
                      WHEREAS, for the more than six months since his arrest, Judge Harding has been on
                  paid administrative leave, drawing his annual salary of $103,000;
                      WHEREAS, since his arrest, Judge Harding spent three months in a California
                  drug-treatment facility;
                      WHEREAS, Judge Harding remains free on $10,000 bail;
                      WHEREAS, the Utah Constitution, Article VI, Section 19 provides that "Judicial

                  officers . . . shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in
                  office", with the Legislature's power of judgment extending only "to removal from office and
                  disqualification to hold any office of honor, trust or profit in the State"; and
                      WHEREAS, House Rule 37.10 of the Fifty-Fifth Legislature (2003) provides: "If any
                  member submits a resolution to the House to begin impeachment proceedings, the House shall
                  adopt, by majority vote, policies establishing procedures for, and governing the conduct of, the
                  impeachment process":
                      NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the state
                  of Utah find that the alleged conduct of Judge Ray M. Harding, Jr. of Utah's Fourth District
                  necessitates the commencement of impeachment proceedings by the House.
                      BE IT FURTHER RESOLVED that, by passing this resolution, the House of
                  Representatives begins impeachment proceedings and that inquiry will begin as soon as rules
                  governing the impeachment proceedings are approved by the House of Representatives.

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