The Commission on Judicial Conduct of the State of Arizona disclosed this week that a complaint, with case number 22-030, has been dismissed.

The complainant alleged that a small claims court hearing officer did not place the parties under oath for a hearing.

The Complaint states, in the pertinent part:

“At no time during or before the proceedings, neither the clerk nor the judge administered an oath to swear in the parties. I am not a lawyer, however, I am sure that statements of parties which are not sworn in, cannot be held as truthful. . . .”

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 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) and23(a).”

A copy of the original filing can be found here.