If the system ever worked in the first place. The last time (that we know of) that a judge committed Judge Hinson's malfeasance, he-Judge James McDougall-spared us the grief and had the decency to resign. From what I've learned, Judge McDougall didn't have nearly as many 60-day Rule violations as Judge Hinson has. But here we are, seven months since this complaint was filed and Judge Hinson is STILL in office. (Thank you "presiding" Judge Brutinel.)
I was going to wait to suggest a federal lawsuit until after the Commission (on Judicial Conduct) had ruled. But that ruling appears to be on indefinite hold.
According to a news report, "the counsel for the Commission is on indefinite sick leave for a serious health issue and they are not yet certain when she will return, thus delaying any conferences between the parties."
I'm sorry to hear about her illness. But it's amazing that the entire statewide judicial oversight process could come to a halt because one person is out sick. Essentially there is now no oversight of judges in Arizona at this time!
When the cat's away, the mice will play.
Or as King Solomon said, "When the sentence for a crime is not quickly carried out, the hearts of the people are filled with schemes to do wrong."
How long will the Commission wait before finding a replacement? Suppose she's ill or recuperating for six months? If she survives her illness, how long will it take to get back to the Hinson matter? Surely a backlog of complaints must be growing at the Commission, which will cause even more delays.
Maybe this is for the best anyway. (I don't mean her illness. I mean a civil right lawsuit.) From the Statement of Charges against Judge Hinson, you've seen how lame the Commission is when it comes to discipline. Judge Hinson's problem with obeying the law started as early as 2001. (That we know of. The Commission only acts—and rarely at that—when someone reports a judge.) We see he continued his course, waiting a year and half to rule on a matter in 2002. But like the United Nations with North Korea, all the Commission did was to tell him, "Stop! And this time, we really mean it." You've seen where that's gotten us. (And where it's getting us.)
So maybe it's time to hit 'em where it really matters. Their pocketbook. According to the record, a lot of you have had your Constitutional right to Due Process violated. At least we have a Statement of Charges from the Commission now, so it's not like your claim is unsubstantiated. Further, Judge Hinson admitted he did it to you. Sounds like you've got a winning case to me.
Maybe you all should sue the Commission too, for not acting to maintain your rights? Maybe that would get the Legislature's attention. Really, the Legislature needs to wrestle control of the Commission from the Judicial Branch, where it belongs in true Check & Balance fashion.
If one of you who was harmed wants to start a blog to get yourselves together and find an attorney and document your process, send me a comment and I'll link your blog here.
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