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In re Lockwood12/13/1990
The Commission on Judicial Conduct (Commission) recommends that Edward D. Lockwood (respondent), Justice of the Peace, West Mesa Precinct, be publicly censured for violations of certain Canons of the Code of Judicial Conduct. See rule 81, Rules of the Arizona Supreme Court. We have jurisdiction pursuant to Ariz. Const. art. 6.1, § 4.
The Charges
The Commission instituted formal proceedings against respondent on April 26, 1988, alleging 6 counts of misconduct. Although respondent is a justice of the peace, he is not a lawyer.
Count 1 alleged that respondent violated Ariz. Const. art. 6, § 26 (oath of office) and Canons 1, 2, 3(A)(1), 3(B)(1), and 3(B)(2) of the Code of Judicial Conduct, rule 81, Rules of the Arizona Supreme Court, by instructing or improperly permitting court clerks to follow incorrect procedures in misdemeanor cases involving driving while under the influence (DUI). These procedures were discovered when Ann Hutchison, a Deputy Public Defender, moved to dismiss the complaint and information in a pending felony DUI case. Ms. Hutchison argued that the DUI defendant had no allegeable prior misdemeanor DUI convictions. One of the DUI defendant's prior convictions alleged by the state was a case assigned to respondent's court. Ms. Hutchison made an offer of proof that Cathy Zink Larkin, a clerk in the West Mesa Justice Court, would testify she signed respondent's name to two forms in the case at respondent's direction -- the guilty plea proceeding form and the judgment of guilt and sentence. Ms. Larkin would further testify that it was common practice for her, as respondent's clerk, to accept the guilty plea and that many people pleading guilty to DUI, including this particular defendant, did not see a judge at any stage of the proceeding.
Count 1 was further substantiated by Judge Michael Jones, then a judge pro tempore at the West Mesa Justice Court, who declined to issue arrest warrants in several DUI cases involving guilty pleas entered in respondent's court. Typically, warrants would be issued because defendants failed to comply with the terms of their sentences. However, in these cases, the documents relating to the plea had been signed in respondent's name by a
court clerk, rather than by respondent. The two documents involved were again the guilty plea proceeding form and the judgment of guilt and sentence. Because of this defect, Judge Jones reasoned that the underlying judgments of guilt were invalid, and refused to issue the warrants.
Count 2 alleged that respondent attempted to mislead the Commission and interfered with its investigation of this matter, in violation of Ariz. Const. art. 6.1 and Canons 1, 2, 3(B)(1), and 3(B)(2). This charge arose from a letter from respondent to the Commission, in response to its inquiry, stating that he had taken steps to correct the improper procedures alleged in Count 1 and that the situation had been remedied. The complaint stated that respondent knew or should have known that the contents of that letter were untrue. Additionally, it charged that respondent misused his judicial authority by either requesting or permitting a court employee to give the Commission information that he knew or should have known was false.
On June 15, 1987, Judge Jones discovered 450 traffic citations in a waste basket at the West Mesa Justice Court, and brought the matter to the attention of the Maricopa County Attorney's Office and the Commission. The Commission alleged in Count 3 that 158 of these citations were required to be reported to the Motor Vehicle Department (MVD) for notation on
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