A complaint was filed against Maricopa County Superior Court Judge McMurdie for his conduct subsequent to his default decision in Phoenix Townhouse HOA v. AZ Off. Admin. Hearings [OAH], LC 2008-000740 — the decision holding the statute that allowed for the OAH adjudication of HOA disputes to be unconstitutional.
It is inconceivable that my submitted information would be summarily dismissed, kept from the public, not acted upon, and the default decision allowed to stand. A decision that would be declared void ab initio based on my submitted materials, and where Judge McMurdie had the power to so act under Ariz. R. Civ. P. 60(c): “This rule does not limit the power of a court to entertain an independent action to relieve a party from judgment, order . . . or to set aside a judgment for fraud upon the court.”
The Code of Judicial Conduct holds “that judges, individually and collectively, must respect and honor the judicial office as a public trust” and that “a judge shall uphold the integrity and independence of the judiciary.“ For the Court to do justice and maintain its integrity, my “letter of fact” and supporting materials must be made part of the case. There must be transparency if the judiciary is to justify its claim to independence in upholding the laws of the land.
I’ve been informed by the AZ Commission on Judicial Conduct that my complaint was screened and given number, 09-078, and “will be processed in the order received.”
It advised that the Commission cannot overturn decisions or remove judges. In my complant I had simply informed the Commission, “For the Court to do justice and maintain its integrity, my ‘letter of fact’ and supporting materials must be made part of the case.” If this does occur, then it follows that Judge McMurdie must now act, which is why, in my opinion, he struck my letter and supporting materials and ordered no further contact with me.
Comment by George K. Staropoli — April 5, 2009 @ 6:49 am |