Baugh said during Rambold’s sentencing in August that the teenager was “probably as much in control of the situation as the defendant” and that she “appeared older than her chronological age.”

Under state law, children younger than 16 cannot consent to sexual intercourse.

After public outcry, Baugh apologized for the comments and acknowledged the short prison sentence violated state law. He attempted to revise it retroactively, but was blocked when prosecutors appealed.

Rambold completed the original sentence last fall, registered as a sex offender and was to remain on probation through 2028. But the Supreme Court in April ordered a new sentencing by a different judge. District Judge Randal Spaulding, of Roundup, is scheduled to resentence Rambold on Sept. 26.

Baugh’s punishment was recommended by the state’s Judicial Standards Commission, which investigated complaints into the comments he made at Rambold’s sentencing.

The standards commission can impose or recommend to the Supreme Court disciplinary action if it finds merit in a misconduct complaint filed against a judge. The punishments range from a private letter of admonishment to removal from office.