Next to a bribe, ex parte communication is about the worst thing a judge can do.(The distinction is like the difference between being a prostitute and a slut. The first gets paid for what they do. The second does it for fun. A distinction without a difference.)
You can click on the image to the right for a larger picture or you can go read the Commission's paperwork for Complaint 11-159 yourself.
As usual, the Commission, composed mostly of judges, issued a useless Order, "urging" Judge Clancy Jayne to read the rules. (When will the Legislature start impeaching cheating judges?)
Here's the text:
After reviewing the allegations and the response filed by Judge Jayne, the Commission finds that the justice of the peace in this case violated the code of judicial conduct, warranting an informal sanction.We have to report all this to you because the Commission's Custom search page for judicial complaints seems permanently broken. (Going on a couple years now. Judges hate it and judges run the Commission.)
An anonymous complainant alleged that Judge Jayne engaged in improper ex parte communications with the defendant, and improperly handled the matter. In particular, the complainant believed that the judge treated the defendant differently because of a personal or political relationship. The commission determined that Judge Jayne engaged in several, improper ex parte communications that clearly violated the limitations in Rule 2.9 of the Arizona Code of Judicial Conduct. Notably, the judge believed that his communications pertained only to scheduling matters, but nonetheless failed to disclose them as it is required in Rule 2.9(A)(1)(b). The Commission was particularly concerned with the personal nature of the communications, including the fact that at least one communication occurred to the use of the judges private e-mail address.
Accordingly, the judges here by reprimanded for his conduct pursuant to rule 17 (a), and the record in this case, consisting of the complaint, the judges response in this order shall be made public as our car fired by Rule 9(a). Through this order, the commission urges Judge Jayne to closely review the requirements and prohibitions found in rule 2.9.
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