In a recent ruling, the Utah Court of Appeals found that Judge Don Torgerson should have recused himself from cases in which the defendant, Manuel Andres Samudio, was a former client of his. This judgment took place following the revocation of Samudio’s probation due to allegations of violation connected to drug-related convictions. (Law.com)
Despite the court’s finding that Judge Torgerson should have recused himself, they also decided against reversing the judgment itself. The court justified this decision based on the failure of Samudio to demonstrate that he was harmed by the presiding judge’s potential bias. Samudio is now arguing that the judge should have recused himself based on their previous professional relationship, despite not expressing such concerns at the time his probation was revoked.
The Court made clear that while Samudio avoided voicing any issues with Judge Torgerson’s impartiality during the initial proceedings—potentially in the hope that his former attorney might view his case more sympathetically—he is now conveying his unease and formally appealing the decision. Details of this appeal and the ongoing case are still unfolding. The written opinion of the court was delivered by Judge David N. Mortensen.