Readers of this blog know I'm not a fan of the way the Commission on Judicial Conduct works. Specifically, it is judges judging judges, the fox watching the hen house (with predictable results) instead of true Check & Balance oversight by the Legislature. Still, credit where credit is due.
I've made a stink before in my complaints that the Commission's listing of complaints against judges is not search-able.
Well, now it is. Kinda.
I tried a search for "Hinson." The site reports "No results found."
I don't know if it's my browser (I tried two on two different computers) or an IT problem at the Commission's end.
[If it's not obvious, you need to be able to search for complaints against judges because we vote for judges in Arizona. Due diligence requires you know everything you can about a judge before you vote for him.]
2 comments:
I practiced law in Sedona for 13 years. Around 1998 I filed a Paternity and Custody case concerning my then 2 year old son whose biological mother had major alcohol abuse issues. I was never married to her and never contested paternity. "Judge" Hinson, who was still in Prescott at the time, was assigned to my case because the judges in the Verde undertandably recused themselves due to their familiarity with me as a result of the numerous cases I had pending before them representing my clients. Eventually Hinson was assigned to the Verde and my personal case was transferred along with him. I did NOT represent myself before him having hired other legal counsel to do so. When my attorney offered evidence of the Respondent's heavy alcohol abuse and my attempts to offer her rehab, etc. Hinson more or less rolled his eyes and ultimately blasted ME personally for delving into her personal life and use of alcohol and other substances. He spent at least 10 minutes in OPEN court during this tirade repeatedly attacking my personal judgment . While this was happening, unbeknownst to me, my clients were sitting in the court's gallery watching and listening to Hinson's histrionics. I was scheduled to appear in front of Hinson as the very next case following mine. As court adjourned and I turned around seeing my clients and their shocked look, I immediately asked to see Hinson in his chambers to discuss what had just happened. I invited opposing counsel who was also present. I told Hinson I was shocked and outraged at his unnecessay outburst in open court and that he could have called me, my attorney and Respondent's counsel and his client into chambers if he felt it was so important to castigate me personally instead of doing so with my clients (and other members of the public) present in the courtroom. I insisted that he recuse himself from the case and did so on many occasions (including filing a formal motion) thereafter but Hinson steadfastly refused. Imagine how my clients felt knowing the "judge" who was assigned to their case (for their first hearing before him) had just personally attacked and belittled their attorney in a case where (I) was the client! Later on in my personal custody case, he awarded the Respondent $8,700 in attorneys fees based on illegally obtained evidence used by the Respondent and her attorney. She hacked into my personal online banking information and noticed a savings account with my name on it (along with others) that had $8,700 in it. The money in that account had been donated by church members for the benefit of a close personal friend who had recently undergone surgery and was unable to work for a several of months. It was being held in an account at the bank where I banked. When my lawyer attempted to introduce my testimony and other rebuttal evidence, Hinson overruled our request. Since the money in that account did NOT belong to me, I had to take a cash advance against one of my credit cards to pay the $8,700 Hinson ordered me to pay to the Respondent.
Ultimately, Hinson "awarded" shared legal and physical custody of my son to me and the Respondent. The story does not however, end there. After paying the ordered attorneys fees the Respondent and I endeavored to adhere to Hinson's order by sharing custody. On more than one occasion the Respondent showed up drunk to pick up our son and I refused to turn him over to her. She was also ordered to undergo periodic alcohol and drug testing which she easily manipulated because of the advance notice she was given before being tested. I will say that I was given primary physical custody during the school year (as he was in pre-school at the time) and she was to see him on weekends. That was supposed to flip during the summer but she was never able to maintain that schedule so I ultimately ended up having my son with me most of the time. I was also order to pay the Respondent child support of around $300 as I recall even though my son was physically with me most of the time! Jump forward a couple of years . . . I suffered an emotional breakdown, was hospitalized for depression and anxiety ultimately leading to my leaving the legal profession once and for all. Jump ahead another year, I met and married the love of my life who eventually became the mother my son never had. We've been married now for 9 years. Shortly after my marriage, while my son was still supposed to go with the Respondent on weekends, I decided to seek a modification of the child support I was ordered to pay. I went online to the Arizona Courts website to obtain basic information about the custody case. When I searched the index, the Respondent's name came up on a couple of other cases one of which was a criminal matter. When I opened the link I was shocked to find that it was a pending case for extreme DUI and felony child endangerment. What was even more shocking was that Hinson was the judge assigned to the case! I first visited the Court Clerk's office in Camp Verde to view the court file and read the polic report. I confirmed that my son was in the vehicle with her when she was arrested and determined that she had a blood alcohol level of 1.8%. Instead of contacting me to pick up our son, the police called her sister. They told my son NOT to tell me (he was now 4). He lived with this secret from me for about 5 months until I found out while checking the court's website. (to be continued)
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