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PROVO — A man who allegedly filed a motion to have the judge in his criminal case removed because of treason and also suggested the judge should be hanged is now facing a new criminal charge.
Elijah Nehemiah Madden, 40, of Genola, Utah County, was charged Thursday in 4th District Court with threatening a judge, a third-degree felony.
Madden was charged in November 2023 in 4th District Court with being a restricted person in possession of a firearm and child endangerment, third-degree felonies; and marijuana possession, a class B misdemeanor. On Aug. 5, while representing himself in that case, Madden filed a motion for "Removal of judge for reason of treason," according to the new charge.
Part of Madden's motion states if the judge in his case commits "felony treason" by failing to protect the U.S. Constitution, then he "will be taken by posse to the nearest busy intersection and hung at high noon, hung by the neck until dead ... the body to remain in state till dusk as an example to anyone who takes his 'oath of office' lightly."
After that threat was allegedly made, another judge ruled on the motion and found "no valid grounds on which to disqualify" the judge in the case.
"A judge attempting to provide legal counsel to (Madden), placing (Madden) on mute during a hearing, or indicating that the judge has read the documents in the case docket, are not behaviors that warrant disqualification," according to the ruling.
That criminal case has since been moved from American Fork to Provo and a new judge assigned.
In July of 2022, Madden was arrested for standing in the middle of I-15 near Spanish Fork waving his arms while carrying a gun in a holster, according to charging documents. He was arrested after a Utah County sheriff's deputy used a Taser and a second deputy tackled him from behind, the charges state.
"During an inventory search of the defendant's vehicle, a .223 caliber AR-15-style firearm was located, along with several magazines loaded with armor-piercing ammunition. An open tequila bottle and an open whiskey bottle were also found," according to charging documents.
Madden was convicted by pleading no contest to carrying a weapon while under the influence.
