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Sentencing procedures

Nov 15, 2011

Editor’s note: The editorial page recently awarded a “Buffalo Chip” to the Utah judicial system after 4th District judge Christine Johnson gave Jose Baray a 90-day sentence for impersonating a police officer and unlawfully detaining an innocent woman.

The information that appeared in the Oct. 29 edition of the “Beehives and Buffalo Chips,” of the Daily Herald was distressing, to say the least. The information could leave your readers with an inaccurate impression of how sentencing occurs in the state’s trial courts.

When sentencing an offender, a judge is guided by a number of considerations, all of which are designed to ensure that sentences are consistent and fair. He or she reviews a pre-sentence report compiled by Adult Probation and Parole, Sentencing Guidelines established by the Utah Commission on Criminal and Juvenile Justice, previous criminal history, victim testimony and statements, recommendations from the prosecutor and defense counsel, family letters and any other relevant information that is brought to the court’s attention. Determining the most appropriate sentence is not done lightly.

The most surprising part of the information in the newspaper was the reference to strip searching the judge to reveal liberal law commentaries beneath the judicial robe. To comment on such a weighty matter in such a malicious tone is unprofessional. The unfounded suggestion that the judge’s decision was politically motivated is not only unfair, but a disservice to the values of the community the newspaper serves.

To disagree with a judge’s decision in a case is one thing; making a baseless attack on a judge’s character is quite another.

• Debra Moore is the District Court Administrator in the state Administrative Office of the Courts.

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