On the Complaint Process

In late July, I received a comment from an anonymous reader. They wrote

I just found your site. I'm in the process of preparing a complaint to the Judicial Committee [sic] against the Dishonorable Howard Hinson dating back to Sept. 07. His actions are still reeking [sic] havoc in my life! [That should be "wreaking havoc," although it makes a good pun your way. This stinks!- Editor.]

While you can certainly file a complaint of misconduct at this late date, I'm not sure what good it will do. First, remember that a complaint of judicial misconduct cannot change a bad ruling by a bad judge. A bad ruling can only be reversed by another judge.

While I think a successful complaint of misconduct should be taken into consideration by an appellate judge or court, even allowing another bite of the appellate apple (perhaps initiated after filing a Rule 60(c) motion to vacate for fraud) and while I've heard of courts spontaneously reviewing cases adjudicated by an ousted judge, it doesn't seem to happen often. And while I think the State should automatically pay for your appeal due to a bad judge, that ain't gonna happen ever. (You would have to sue the judge after you win. See below.)

Besides, judge hinson resigned. While there was an attempt to bring him back for a short time, and while I suppose hinson could be called back for duty at some later date (apparently, like a Marine, once a judge, always a judge), a complaint at this late date seems pointless. I expect the Commission would simply dismiss your complaint since the judge has "retired." (But again, he's still in the system, so maybe I'm wrong here.) But unless you have new information about actual misconduct (vs. a bad ruling), as you can see from this blog, even the law enforcement authorities refuse to prosecute hinson for defrauding the State.

What would really be just (in addition to criminal prosecution) would be to sue former judge hinson in federal court under a § 1983 civil rights action. The Commission on Judicial Conduct has already found that hinson violated your constitutional right to a speedy trial. (I.e., a de facto violation of your 14th Amendment right to due process, as codified in the Arizona constitution.) As it stands now, the court system has protected itself, claiming, in spite of the law, that judges have absolute immunity from a civil rights suit. But "absolute immunity corrupts absolutely" and this policy of the court has to be challenged and changed. Before anarchy breaks out. (If the courts are lawless, the people will follow.)

But I expect you all are time barred from suing former judge hinson. You would have had to file a Notice of Claim with the State within six months of the Commission's finding (or possibly, as soon as you found out about it), and brought a federal complaint within a year of the Commission's finding. I've not heard of anyone doing that in federal court (someone tried to do it in State court-it was dismissed), so until hinson stands before God, he's off the hook.