Pubdate: Mon, 15 Jul 2002
Source: Deseret News (UT)
Copyright: 2002 Deseret News Publishing Corp.
Contact:  http://www.desnews.com/
Details: http://www.mapinc.org/media/124
Author: Geoffrey Fattah, Deseret News staff writer

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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MAP posted-by: Larry Stevens