Wednesday, March 11, 2009

Will Judge Hinson's friends recuse? How will you know?

Staffers of Arizona Representatives and Senators: You can click here to skip directly to the preamble and complaint.

UPDATE: A reader claims to have the scoop on Sheila Polk and her relationship with Judge Hinson. When I have the blog address for the reader's site, I will link it here so you can check it out for yourself. (It's easy—and free—to start a blog like this. Go to www.blogspot.com)

As we await the Commission's ruling, I noticed that two members of the Commission on Judicial Conduct are from Prescott. One is the Presiding Superior Court judge, Judge Brutinel. The other is Sheila Polk, the Yavapai County Prosecutor. Will they recuse themselves from deciding Judge Hinson's fate?

Certainly Judge Brutinel, the Presiding judge in Yavapai county, knows Judge Hinson. He was described as his (Hinson's) boss in news reports. There, Judge Brutinel seemed to be defending Judge Hinson.

I have no information on Sheila Polk, but I have to assume that as a political creature (she, like Judge Hinson, is an elected official) and as the county prosecutor, she has had dealings with Judge Hinson in both unofficial and official capacities.

The ironic thing here is that the Code of Conduct that these folk are using to judge Judge Hinson requires these same folk to avoid the appearance of impropriety. Clearly then, Judge Brutinel must recuse and distance himself from this discussion. Doesn't Judge Hinson's poor job performance reflect poorly on Judge Brutinel's ability as Presiding judge? So he might not want Judge Hinson punished, as that would reflect negatively on him.

[Really, Judge Brutinel shouldn't have talked to reporters at all, given his compromised position as a member of the Commission and Judge Hinson's boss. But I'll let one of you file a complaint against him.]

Regardless whether Sheila Polk knows Judge Hinson or not, she also must recuse herself so that you and I don't see something rotten in Den... uhhhh, Prescott if nothing comes of this complaint or if it's just a slap on the wrist. We might suspect—and rightly so—that some of Judge Hinson's friends in Prescott intervened on his behalf.

But how will you know if these two recused themselves or not? Or if anyone else who knows Judge Hinson recused? The Commission's actions are largely secret. For example, here's a complaint that was sustained. Can you tell, by reading the ruling, if anyone recused themselves from the process?

Notice in the example above that Judge Brutinel signed for the Hearing Panel as the "Presiding Member." Will he also sign for Judge Hinson's hearing? What's to stop him?

Gives you a warm fuzzy feeling, doesn't it?

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