The Commission on Judicial Conduct of the State of Arizona disclosed this week that a complaint, with case number 21-428 has been dismissed on June 24, 2022.

The complainant alleged a superior court judge improperly denied various motions he had filed in his criminal cases and acted without authority notwithstanding his pending motion for change of judge for cause.

The Complaint states, in pertinent part:

“ __ has denied all of my meaningful options many of which are crucial to my defense and has done so w/o justification. Instead of acting as a separate impartial body,  __ acts as if he, the Prosecutor (Fu) and __ are one and the same.”

The Commission dismissed the complaint, stating among others:

“The role of the Commission on Judicial Conduct is to impartially determine whether a judicial officer has engaged in conduct that violates the Arizona Code of Judicial Conduct or Article 6.1 of the Arizona Constitution. There must be clear and convincing evidence of such a violation in order for the Commission to take disciplinary action against a judicial officer.”

The dispositive portion of the Order reads:

“The Commission does not have jurisdiction to overturn, amend, or remand a judicial officer’s legal rulings. The Commission reviewed all relevant available information and concluded there was not clear and convincing evidence of ethical misconduct in this matter. The complaint is therefore dismissed pursuant to Commission Rules 16(a) and 23(a).”

A copy of the original filing can be found here.