Lorona, In re

• Decision Date: 14 June 1994
• Docket Number: No. JC-93-0002,JC-93-0002
• Citation: 178 Ariz. 562,875 P.2d 795
• Parties: In re Marie A. LORONA, Justice of the Peace, Eloy, Pinal County, State of Arizona, Respondent.
• Court: Arizona Supreme Court

Page 795

875 P.2d 795

178 Ariz. 562

In re Marie A. LORONA, Justice of the Peace, Eloy, Pinal County, State of Arizona, Respondent.

No. JC-93-0002.

Supreme Court of Arizona.

June 14, 1994.

State Bar of AZ by Harriet L. Turney, Chief Counsel, Sp. Counsel, Phoenix, for Com'n on Judicial Conduct.

Burch & Cracchiolo, P.A. by David G. Derickson, Phoenix, for Marie A. Lorona.

OPINION

CORCORAN, Justice.

STATEMENT OF THE CASE

On May 21, 1993, the Commission on Judicial Conduct (Commission) found that Marie A. Lorona (respondent), a Justice of the Peace serving in the City of Eloy in Pinal County, violated Canons 1 and 2 of the Code of Judicial Conduct; rule 81, Arizona Rules of the Supreme Court; Ariz. Const. art. 6.1, [178 Ariz. 563] *796s 4; and rule 11, Rules of Procedure for the Commission on Judicial Conduct. The Commission recommends that this court publicly censure respondent, suspend her without pay for a period of 15 days, assess attorney's fees and costs, and order her to obtain 4 credit hours of judicial education or training in the subject of judicial ethics over the next two years. This appeal follows the Commission's report filed May 21, 1993. We have jurisdiction pursuant to Ariz. Const. art. 6.1, § 4.

PROCEDURAL HISTORY

On September 14, 1992, Judge Joel Ibarra properly referred a complaint against respondent to the Commission. Canon 3(B)(3), rule 81, Code of Judicial Conduct. ¹ In response to Judge Ibarra's complaint, the Commission initiated formal proceedings against respondent on January 27, 1993, alleging two counts of misconduct. Both counts alleged that respondent violated Canons 1 and 2 of the Code of Judicial Conduct by contacting Judge Ibarra, the Eloy City Magistrate, about two of his pending cases. Both counts further alleged that respondent's conduct was prejudicial to the administration of justice and brought her judicial office into disrepute under Ariz. Const. art. 6.1, § 4.

On April 14, 1993, the Commission held a formal hearing and on April 15 issued its Findings of Fact, Conclusions of Law, and Recommendations. Respondent filed objections to the Commission's findings. Special counsel answered respondent's objections, and the Commission filed amended Findings of Fact, Conclusions of Law, and Recommendations on May 21. The Commission concluded that, on both counts, respondent had violated Canons 1 and 2 of the Code of Judicial Conduct, and that her conduct was prejudicial to the administration of justice and brought her judicial office into disrepute under Ariz. Const. art. 6.1, § 4.

DISCUSSION

A. Standard of Review

Our constitution grants the Commission on Judicial Conduct the power to recommend to this court the disposition to be made in each case of judicial discipline, and we give serious consideration to the Commission's findings. In re Haddad, 128 Ariz. 490, 491, 627 P.2d 221, 222 (1981); see Ariz. Const. art. 6.1, § 4. The ultimate authority to impose discipline on a member of the judiciary, however, rests with this court. Haddad, 128 Ariz. at 491, 627 P.2d at 222. Thus, in judicial disciplinary matters, this court independently reviews the Commission's record and is the ultimate trier of fact and law. Haddad, 128 Ariz. at 491, 627 P.2d at 222.

B. Procedural Challenge

Before beginning our independent review of the Commission's findings, we first address respondent's claim that this matter should be resolved informally. Respondent argues that the Commission violated its own rules when it brought formal proceedings against her. We disagree.

In support of her claim, respondent refers us to the 1992 edition of the Commission on Judicial Conduct Handbook (Handbook). Relying solely on a section in the Handbook that provides an overview of the Commission, respondent focuses her attention on a subsection within the overview which states: "Listed below are some examples of cases in which the [C]ommission imposed informal discipline." Included in this list are cases involving attempts to influence another judge. See Handbook at 3. Respondent mischaracterizes this section as "example[s] of cases where the Commission has traditionally imposed informal discipline rather than the formal proceedings that are necessary for misconduct of a more serious nature." We do not reach respondent's apparent conclusion that because informal discipline was imposed in at least one case in which a judge attempted to influence another judge, the Commission is required to treat all such allegations in the same manner.

More importantly, we note that the section of the Handbook upon which respondent relies is informative in nature and does not grant respondent--or any other member of the judiciary--any procedural rights or guarantees. The procedural rights and guarantees afforded under the judicial disciplinary process can be found in the Rules of Procedure for the Commission on Judicial Conduct. In fact, the Handbook says as much in the introduction to the complaint process, stating:

The state constitution and the commission's rules of procedure provide the framework for the initiation and resolution of complaints against judges. The constitution establishes the specific grounds for judicial discipline, and the rules prescribe the steps that the commission must take in each phase of the complaint process. The process is very deliberative, and the commission must follow the rules closely in reviewing complaints and making decisions.

Handbook at 4 (emphasis added). The Rules of Procedure for the Commission on Judicial Conduct, which are set forth in the Handbook, do not guarantee that any particular kind of violation will be handled informally. See rule 4, Rules of Procedure for the Commission on Judicial Conduct. The rule governing the informal disposition of complaints filed against a judge is discretionary in nature. See rule 4, Rules of Procedure for the Commission on Judicial Conduct ("The Commission may informally dispose of a complaint.").

Despite respondent's claim that an informal resolution would have been an effective method for resolving the complaints against her, we find that the Commission did not abuse its discretion in choosing to pursue a formal complaint. The violations with which respondent is charged are not minor violations. She is charged with engaging in "conduct prejudicial to the administration of justice" by contacting a city magistrate about two of his pending cases. Significantly, this case does not involve a single, isolated mistake that might justify an informal disposition; each alleged incident involved numerous improper contacts. We find that formal proceedings were warranted under the circumstances, and thus we reject respondent's claim that the Commission was required to handle her complaint informally.

C. Respondent's Violations

1. Factual Finding

Respondent urges the court to undertake a de novo review and reject or modify certain of the Commission's findings of fact. Respondent argues that the Commission's findings are not supported by clear and convincing evidence because of the conflicting testimony of the witnesses.

We agree with respondent that the burden of proof in judicial discipline is by clear and convincing evidence. Haddad, 128 Ariz. at 492, 627 P.2d at 223. We note, however, that this burden can be met even when testimony is conflicting. In re Neville, 147 Ariz. 106, 110, 708 P.2d 1297, 1301 (1985) (citations omitted); see also In re Weiner, 120 Ariz. 349, 353, 586 P.2d 194, 198 (1978) ("[M]ost of the issues of fact in the case were disputed by the parties; however, this did not deter the court from finding that the evidence ... was clear and convincing.").

Although this court independently reviews the record, we give serious consideration to the Commission's findings. Haddad, 128 Ariz. at 491, 627 P.2d at 222. In our previous judicial disciplinary cases, we had no reason to discuss credibility issues. Our lawyer discipline cases, however, are instructive on this subject because we have previously recognized that, in some respects, judicial discipline is analogous to lawyer discipline. Haddad, 128 Ariz. at 491, 627 P.2d at 222. In our lawyer discipline cases, we have stated that [T]his court give[s] great weight to the factual findings of a committee, particularly when questions of credibility are involved. in RE zang, 154 ariz. 134, 741 P.2d 267 (1987). the committees have an independent, fact-finding, credibility-weighing function which should be given deference.

In re Hoover I, 155 Ariz. 192, 196, 745 P.2d 939, 943 (1987). We give the same deference to the Commission's credibility findings in judicial discipline cases that we do in lawyer discipline cases, which is in accord with other jurisdictions. See, e.g., Ryan v. Commission on Judicial Performance, 45 Cal.3d 518, 247 Cal.Rptr. 378, 384, 754 P.2d 724, 730 (1988) ("[W]e give special weight to the factual determinations of the masters, who are best able to evaluate the truthfulness of the witnesses before them.").

After independently reviewing the record, we find that the Commission's Findings of Fact are supported by clear and convincing evidence. Accordingly, we adopt these factual findings, which are summarized below.

Respondent has been a non-lawyer justice of the peace in Eloy since 1986. Before 1986, she served as Eloy City Magistrate for two years. She has been actively involved in both judicial and community affairs. Her activities have included: (1) training coordinator for Pinal County Limited Jurisdiction Courts; (2) participation as a faculty member for the New Judge Orientation; (3) chairing and co-chairing the Judicial Conference for Limited Jurisdiction Courts; (4) membership on the Alternative Dispute Resolution Committee; (5) President of the Arizona Justices of the Peace and Constable's Association; (6) President of the Justice of the Peace Association in Pinal County; (7) President of Eloy's Chamber of Commerce; and (8) President of Pinal Hispanic Council....