In Re Weeks

658 P.2d 174, 134 Ariz. 521, 1983 Ariz. LEXIS 146
CourtArizona Supreme Court
DecidedJanuary 26, 1983
DocketJUD-5
StatusPublished
Cited by20 cases

This text of 658 P.2d 174 (In Re Weeks) 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 Weeks, 658 P.2d 174, 134 Ariz. 521, 1983 Ariz. LEXIS 146 (Ark. 1983).

Opinions

CAMERON, Justice.

The Arizona Commission on Judicial Qualifications found that the respondent, Tim Weeks, Justice of the Peace of the East Phoenix Precinct of Maricopa County, Arizona, had violated Canons 1, 2, and 3 of the Code of Judicial Conduct, Rule 45, Rules of the Supreme Court, 17A A.R.S., and art. 6.1 § 4 of the Constitution of the State of Arizona, and censure by this court was recommended. We have jurisdiction pursuant to art. 6.1 of the Arizona Constitution and Rule 11 of the Rules of Procedure for the Commission on Judicial Qualifications, 17A A.R.S.

We must answer two questions in this matter:

1. Is failure to dispose of matters under advisement within a reasonable time a violation of the Canons of the Code of Judicial Conduct and art. 6.1 § 4 of the Constitution of the State of Arizona?
2. Is the signing of a false statement that a judge has no cases over 60 days old under advisement a violation of these same Canons and the Constitution of the State of Arizona?

The facts necessary for a determination of this matter are not in dispute and are as follows. Respondent was a duly elected Justice of the Peace for the East Phoenix Precinct No. 1, Maricopa County. In February of 1980, as a result of complaints filed with the Commission on Judicial Qualifications, respondent met with the Commission and discussed the reasons for delay in his court, particularly in rendering decisions on submitted matters. The Commission on Judicial Qualifications made specific suggestions to respondent regarding his office practices, and requested that the respondent submit status reports to the Commission. After receiving a series of reports, the Commission, believing that the respondent had resolved his difficulties of undue delay in deciding matters under advisement, terminated its inquiry concerning the conduct of the respondent.

Thereafter, further complaints were received by the Commission, and specifically:

(a) Matter submitted for decision and taken under advisement 9 June 1981, ruling dated 1 March 1982;
(b) Case submitted for decision and taken under advisement 24 June 1981, ruling dated 22 October 1981;
(c) Claim submitted for decision and taken under advisement 21 July 1981, ruling dated 1 March 1982; and
(d) Matter submitted for decision and taken under advisement 15 October 1981, ruling dated 1 March 1982.

While these cases were pending for decision, the respondent completed and filed with the Maricopa County finance department, affidavits for the months of September 1981 through January 1982, certifying under oath that no cause had been submitted to him for decision which remained pending or undetermined for 60 days or more since the date of submission for decision. These affidavits were made pursuant [523]*523to A.R.S. § 11 — 424.02 which reads as follows:

“A. A justice of the peace or a justice of the peace pro tempore shall not receive his salary unless such justice either certifies that no cause before such justice remains pending and undetermined for sixty days after it has been submitted for decision or there is submitted by the chief justice of the Arizona supreme court a certification that such justice of the peace has been physically disabled during the preceding sixty days or that good and sufficient cause exists to excuse the application of this section to particularly identified litigation then pending.”

After a hearing at which time the respondent appeared and discussed the heavy workload of his court, the Commission made Findings of Fact and the following Conclusions of Law and Recommendation:

“CONCLUSIONS OF LAW
1. That the above described conduct of Judge Tim Weeks in completing the monthly salary affidavits as set forth in Findings of Fact No. 12 and 13 above, is violative and in contradiction of the terms and provisions of A.R.S. § 11-424.-02.
2. That the above-described conduct of Judge Tim Weeks violated Canons 1, 2, and 3 of the Code of Judicial Conduct as adopted by Rule 45, Rules of the Supreme Court of the State of Arizona, effective January 1, 1976.
3. That the above-described conduct of Judge Tim Weeks constituted willful and persistent failure to perform his duties within the meaning of Article VI.I, Section 4, of the Constitution of the State of Arizona.
4. That the above-described conduct of Judge Tim Weeks constituted conduct prejudicial to the administration of justice and said conduct brought his office into disrepute within the meaning of Article VI.I, Section 4 of the Constitution of the State of Arizona.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is the recommendation of the Commission to the Arizona Supreme Court, pursuant to Article VI.I, Section 4, of the Arizona Constitution, that Judge Tim Weeks be publically censured as a result of his misconduct as found by this Commission.”

Prior to the final recommendation of the Commission, the respondent resigned his office effective 18 October 1982.

Ordinarily, given the respondent’s resignation, this matter would be dismissed as moot, since the respondent no longer has a legally cognizable interest in the outcome, and it would not be reasonably expected that he would be in the same legal posture again. See Murphy v. Hunt, 455 U.S. 478, 481-82, 102 S.Ct. 1181, 1182-83, 71 L.Ed.2d 353, 356-57 (1982). We note, however, that because the respondent did not, in the course of his resignation, agree not to seek this office in the future, a determination of the matter is procedurally appropriate. Cf. Vaughan v. Bower, 313 F.Supp. 37, 40 (D.Ariz.1970), aff’d 400 U.S. 884, 91 S.Ct. 139, 27 L.Ed.2d 129 (1970) (a defendant previously engaged in illegal conduct “cannot, by his own voluntary conduct, moot the case and thereby deprive the Court of jurisdiction”); see also Walling v. Alaska Pacific Consol. Mining Co., 152 F.2d 812, 815 (9th Cir.1945), cert. denied 327 U.S. 803, 66 S.Ct. 960, 90 L.Ed. 1028 (1946).

More immediately, we have held that “if it appears that a case raises questions which should be decided for the guidance of public officers in the future administration of law, it will not be dismissed as moot, but will be determined upon its merits.” Corbin v. Rogers, 53 Ariz. 35, 39, 85 P.2d 59, 61 (1938); accord Campbell v. Harris, 131 Ariz. 109, 111, 638 P.2d 1355, 1357 (App.1981).

We think that this is a proper case in which to apply this rule, and we therefore proceed to consider the merits of this matter.

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Bluebook (online)
658 P.2d 174, 134 Ariz. 521, 1983 Ariz. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weeks-ariz-1983.