In Re Lorona

875 P.2d 795, 178 Ariz. 562, 167 Ariz. Adv. Rep. 7, 1994 Ariz. LEXIS 61
CourtArizona Supreme Court
DecidedJune 14, 1994
DocketJC-93-0002
StatusPublished
Cited by8 cases

This text of 875 P.2d 795 (In Re Lorona) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Lorona, 875 P.2d 795, 178 Ariz. 562, 167 Ariz. Adv. Rep. 7, 1994 Ariz. LEXIS 61 (Ark. 1994).

Opinion

OPINION

CORCORAN, Justice.

STATEMENT OF THE CASE

On May 21, 1993, the Commission on Judicial Conduct (Commission) found that Marie A Lorona (respondent), a Justice of the Peace serving in the City of Eloy in Pinal County, violated Canons 1 and 2 of the Code of Judicial Conduct; rule 81, Arizona Rules of the Supreme Court; Ariz. Const, art. 6.1, *563 § 4; and rule 11, Rules of Procedure for the Commission on Judicial Conduct. The Commission recommends that this court publicly censure respondent, suspend her without pay for a period of 15 days, assess attorney’s fees and costs, and order her to obtain 4 credit hours of judicial education or training in the subject of judicial ethics over the next two years. This appeal follows the Commission’s report filed May 21, 1998. We have jurisdiction pursuant to Ariz. Const, art. 6.1, § 4.

PROCEDURAL HISTORY

On September 14, 1992, Judge Joel Ibarra properly referred a complaint against respondent to the Commission. Canon 3(B)(3), rule 81, Code of Judicial Conduct. 1 In response to Judge Ibarra’s complaint, the Commission initiated formal proceedings against respondent on January 27,1993, alleging two counts of misconduct. Both counts alleged that respondent violated Canons 1 and 2 of the Code of Judicial Conduct by contacting Judge Ibarra, the Eloy City Magistrate, about two of his pending cases. Both counts further alleged that respondent’s conduct was prejudicial to the administration of justice and brought her judicial office into disrepute under Ariz. Const, art. 6.1, § 4.

On April 14, 1993, the Commission held a formal hearing and on April 15 issued its Findings of Fact, Conclusions of Law, and Recommendations. Respondent filed objections to the Commission’s findings. Special counsel answered respondent’s objections, and the Commission filed amended Findings of Fact, Conclusions of Law, and Recommendations on May 21. The Commission concluded that, on both counts, respondent had violated Canons 1 and 2 of the Code of Judicial Conduct, and that her conduct was prejudicial to the administration of justice and brought her judicial office into disrepute under Ariz. Const, art. 6.1, § 4.

DISCUSSION

A. Standard of Review

Our constitution grants the Commission on Judicial Conduct the power to recommend to this court the disposition to be made in each case of judicial discipline, and we give serious consideration to the Commission’s findings. In re Haddad, 128 Ariz. 490, 491, 627 P.2d 221, 222 (1981); see Ariz. Const, art. 6.1, § 4. The ultimate authority to impose discipline on a member of the judiciary, however, rests with this court. Haddad, 128 Ariz. at 491, 627 P.2d at 222. Thus, in judicial disciplinary matters, this court independently reviews the Commission’s record and is the ultimate trier of fact and law. Haddad, 128 Ariz. at 491, 627 P.2d at 222.

B. Procedural Challenge

Before beginning our independent review of the Commission’s findings, we first address respondent’s claim that this matter should be resolved informally. Respondent argues that the Commission violated its own rules when it brought formal proceedings against her. We disagree.

In support of her claim, respondent refers us to the 1992 edition of the Commission on Judicial Conduct Handbook (Handbook). Relying solely on a section in the Handbook that provides an overview of the Commission, respondent focuses her attention on a subsection within the overview which states: “Listed below are some examples of cases in which the [Cjommission imposed informal discipline.” Included in this list are cases involving attempts to influence another judge. See Handbook at 3. Respondent miseharaeterizes this section as “example[s] *564 of cases where the Commission has traditionally imposed informal discipline rather than the formal proceedings that are necessary for misconduct of a more serious nature.” We do not reach respondent’s apparent conclusion that because informal discipline was imposed in at least one case in which a judge attempted to influence another judge, the Commission is required to treat all such allegations in the same manner.

More importantly, we note that the section of the Handbook upon which respondent relies is informative in nature and does not grant respondent—or any other member of the judiciary—any procedural rights or guarantees. The procedural rights and guarantees afforded under the judicial disciplinary process can be found in the Rules of Procedure for the Commission on Judicial Conduct. In fact, the Handbook says as much in the introduction to the complaint process, stating:

The state constitution and the commission’s rules of procedure provide the framework for the initiation and resolution of complaints against judges. The constitution establishes the specific grounds for judicial discipline, and the rules prescribe the steps that the commission must take in each phase of the complaint process. The process is very deliberative, and the commission must follow the rules closely in reviewing complaints and making decisions.

Handbook at 4 (emphasis added). The Rules of Procedure for the Commission on Judicial Conduct, which are set forth in the Handbook, do not guarantee that any particular kind of violation will be handled informally. See rule 4, Rules of Procedure for the Commission on Judicial Conduct. The rule governing the informal disposition of complaints filed against a judge is discretionary in nature. See rule 4, Rules of Procedure for the Commission on Judicial Conduct (“The Commission may informally dispose of a complaint.”).

Despite respondent’s claim that an informal resolution would have been an effective method for resolving the complaints against her, we find that the Commission did not abuse its discretion in choosing to pursue a formal complaint. The violations with which respondent is charged are not minor violations. She is charged with engaging in “conduct prejudicial to the administration of justice” by contacting a city magistrate about two of his pending cases. Significantly, this case does not involve a single, isolated mistake that might justify an informal disposition; each alleged incident involved numerous improper contacts. We find that formal proceedings were warranted under the circumstances, and thus we reject respondent’s claim that the Commission was required to handle her complaint informally.

C. Respondent’s Violations

1. Factual Finding

Respondent urges the court to undertake a de novo review and reject or modify certain of the Commission’s findings of fact. Respondent argues that the Commission’s findings are not supported by clear and convincing evidence because of the conflicting testimony of the witnesses.

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Bluebook (online)
875 P.2d 795, 178 Ariz. 562, 167 Ariz. Adv. Rep. 7, 1994 Ariz. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lorona-ariz-1994.