Pubdate: Sat, 1 Mar 2003 Source: Salt Lake Tribune (UT) Copyright: 2003 The Salt Lake Tribune Contact: http://www.sltrib.com/ Details: http://www.mapinc.org/media/383 Author: Elizabeth Neff, The Salt Lake Tribune Note: Tribune reporter Kirsten Stewart contributed to this story. EMBATTLED STATE JUDGE RESIGNS Faced with the threat of impeachment by lawmakers or possible removal from office by the Utah Supreme Court, a 4th District judge accused of drug possession resigned Friday. Judge Ray Harding Jr. submitted his resignation late Friday afternoon, pre-empting a Judicial Conduct Commission recommendation expected to be filed with the high court on Monday. In a letter addressed to Chief Justice Christine M. Durham, Harding took sole responsibility for his situation and apologized to Durham, his colleagues and the people of Utah. "I deeply regret any cloud my personal problems may have cast upon the fine men and women who serve in the judiciary of this state," Harding wrote. "While I am not naive about how history will regard me, I hope that in some part my legacy will be that I worked hard for many years to see that justice was administered fairly to all who appeared before me." Harding told Durham he would not seek judicial office in the future. House Majority Leader Rep. Greg Curtis, R-Sandy, said he now sees no reason to proceed with impeachment. "Our hope is that Harding can work to continue in his career and family life," Curtis said. "It was never our intent to be punitive, but to protect the public." Legislators passed an impeachment resolution last week, citing what they saw as a delay in getting Harding off the bench and a drain to public coffers while the judge continued to collect his $103,000 annual salary on administrative leave. The Utah County judge is charged with two third-degree felonies for possession of heroin and cocaine and is scheduled for a March 18 trial. Harding and his defense attorney, Ed Brass, were unavailable for comment Friday. Harding has pleaded innocent to the charges against him and has said he looks forward to his day in court. Harding, 49, was arrested after his wife called police to their Highland home July 13, 2002, to say he had been up all night using drugs and acting out of control. Third District Judge Timothy Hanson has refused to suppress evidence in the case, which includes drug paraphernalia bearing cocaine and heroin residue, and a small amount of cocaine powder. Heroin and cocaine also were present in hair samples taken from Harding. In October, Anne Harding obtained a restraining order against her husband of two years, claiming she feared revenge for calling the police. Testifying at the restraining-order hearing, Anne Harding said she first saw her husband smoking cocaine in January 2002. During the next six months, she said, his drug use increased while he became more delusional and aggressive, often swearing at her and once slamming her against a concrete wall. She said she called police because her husband refused to seek drug counseling. Ray Harding, who filed for divorce in November, has denied abusing his wife or placing her in fear for her safety. After his arrest, Harding spent three months in drug-abuse therapy at the Betty Ford Clinic in California between July and September. Harding, whose father was also a 4th District judge, was appointed to the bench in 1995. The conduct commission now probably will re-evaluate its recommendation, but could still recommend discipline even though Harding has resigned, said Executive Director Colin Winchester. - --- MAP posted-by: Doc-Hawk