The Commission on Judicial Conduct of the State of Arizona disclosed this week that a complaint, with case number 21-432 has been dismissed.

The complainant alleged a justice of the peace allowed improper delay in criminal proceedings and failed to observe his rights as a victim.

The Complaint states, in pertinent part:

“On  __  I called   __  Court to confirm the pre-trial time, and was told it would take place by phone. I was not notified. I went to the hearing in person with  __ and had to interject with the court reporter/clerk to be able to be heard/make a statement to the judge. The judge did not allow me to make a victim impact statement, for fear it would taint his impartiality. . . I have routinely not been kept informed of trial dates, nor had the opportunity to participate in the arraignment hearing as required by law, nor have had the opportunity to be heard in court while the defendant, as I’m alleging, has repeatedly violated the terms of the protective order, to the point of being forced to flee the area out of state.”

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.