The Inside Dope

Before Governor Brewer appoints a judge to replace the errant Judge Hinson, I thought I'd bring you up to speed on some inside info relating to Yavapai County from the June meeting of the Judicial Nominating Commission. (That's the Commission that screens potential Supreme Court Justices for appointment. They did not recommend Judge Brutinel this round.)

While the minutes to the meeting are pretty thorough, I attended the meeting in person. So I'll add a little 'color' comment.

There were two people who publicly endorsed Judge Brutinel at the meeting. According to the minutes:

Barbara Polk spoke on behalf of Robert Brutinel.
Pat Trebesch spoke on behalf of Robert Brutinel.

Now let's see...Barbara Polk. Any relation to Sheila Polk, the Yavapai County Prosecutor? (That's not a rhetorical question. I'm asking you readers. Anyone know? Please leave a comment with a source. You can remain anonymous.)

Pat Trebesch is an Assistant Attorney General. Let's see if there's any quid pro quo in her future.

And for this reason, even though she disclosed she was an Assistant AG and tried to distance herself from that, I don't think Assistant AG's should be allowed to opine in these matters. (She also took 4 four hours off to drive to Phoenix plus at least an hour for the meeting. Was any Justice delayed because of this? She could have simply emailed in her comments instead of making a personal appearance.)

A friend of mine, another Assistant AG, says they never gave up their 1st Amendment right (to free speech) when they signed on as Ass't AG. And they point to a Supreme Court ruling saying that's legal. But what's legal isn't always (isn't often?) right.

See, according to the Code of Judicial Conduct, even judges waive their 1st Amendment right when they sign on. They are prevented from speaking on certain topics.

Excerpting from Canon 4 of the Code,

Paragraphs (A)(2) and (A)(3) prohibit judges and judicial candidates from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, respectively, to prevent them from abusing the prestige of judicial office to advance the interests of others.

And the overarching reason?

Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence.

Isn't the same true for members of the Attorney General's office? Shouldn't the same rule hold for ALL public servants? I mean, suppose someday that Patrica Trebesch becomes a judge. Especially in Yavapai County. Won't we be wondering if her endorsement at the June 2009 JNC meeting had anything to do with her becoming a judge?

Maybe if she forfeit her right to become a judge for ten years from the date of giving an endorsement, I'd let it slide.

Hey, the government already restricts my 2nd Amendment right when I go into one of their buildings. So no biggie restricting an AG's 1st Amendment right.

On a similar note, one of the Commission members disclosed his association with Judge Brutinel. The minutes report that:

Robert Schmitt [Attorney Member from Yavapai County/ Republican - same party as Judge Brutinel] disclosed that he had a number of cases with Robert Brutinel and that they see each other socially once every two years.

If I recall correctly, he specifically mentioned Judge Brutinel's Skybox at DiamondBack baseball games.

Maybe not a big deal. At least he disclosed. But it sounds pretty chummy. And again, tongues may be wagging if Mr. Schmitt ever becomes a judge. Especially if he becomes a judge in Yavapai county.

Shouldn't he have recused himself from any discussion of Judge Brutinel? Then he would be above reproach. And isn't that what we want in government representatives?

For completeness, a Rebecca Ruffner disclosed that she works with Robert Brutinel on Prevent Child Abuse Arizona. But she's a Public member and a Democrat. I don't see much conflict of interest for her. But again, if she gets a job in the Judiciary, say, as a Mediator, Family Law Commissioner or similar, I have to wonder if there was a quid pro quo.