As I just can't seem to write in the Inverted Pyramid style, you can jump to the end to get to the point. (In my defense, I, like Rush Limbaugh, consider myself more an entertainer who reports news, rather than a news reporter who entertains. And, of course, I have an spiritual agenda in my prose.)
In late September I tripped across a story about Yavapai County Prosecutor Sheila Polk as it pertains to politics and Judge Brutinel. I've been meaning to report it to you ever since. (It was going to be under the title "Bringing out the Big Guns.")
But between being-ahem-"distracted" by the powers that be in Prescott and waiting for just the right time to report, breaking news yesterday says I'm late to the party by a day. It would have been nice to have been ahead of the pack here and been picked up by local reporters. (I can dream, can't I?)
Still, it's not too late to report, as it bolsters a claim by Maricopa County Attorney Andrew Thomas and may help you sort out who's telling the truth as accusations fly among our elected officials. I'm cross-posting a similar story on our sister blog, where I'll focus on Sheila Polk's hypocrisy when it comes to probable cause and her (un)willingness to prosecute a judge in her county. (Politicians, hypocrisy? That's news?) Misfeasance is as wrong as malfeasance. It's just not as easy to see.
Quick Background: If you're reading this blog then you probably know about the brouhaha caused by Mr. Thomas doing his job, upholding the law by charging various County Supervisors and even Superior Court judge with various serious crimes. (Felonies.) Some say it's all politically motivated. After all, a judge would never break the law, right? So any prosecution of a judge must be political. [Sarcasm, if you didn't get it.]
To be fair, Sheriff Joe is involved. While I appreciate most of the work the Sheriff has done, he has abused his power before to harass his political foes and so compromised his 'good name.' (Can you say "Joe Arizona?") See the report at my favorite Investigative TV station, KPHO, about the FBI investigating Sheriff Joe. (KPHO broke the dishonorable judge hinson story, which history shows was creditable. They do a good job of reporting.)
And speaking as someone who's become a lightning rod after filing a complaint of judicial misconduct against a judge, I can testify about political payback. Hey, even Jesus was executed for political expediency. So it happens.
Having said that, you can't conclude that all high profile charges against elected officials are politically motivated. On the contrary, don't we expect politicians will be corrupt and abuse their power? The outrage should be that most of them aren't in jail already! Look how long it took to finally prosecute Congressman William Jefferson after finding $90,000 cash in his freezer! That should have been a piece of cake. (A late night pun.) And look how many politicians escape prosecution because of politics.
Among those claiming that Andrew Thomas' actions are politically motivated is Yavapai County Attorney Sheila Polk. In a letter to the editor of the Arizona Repugnant newspaper, she said,
Our power, granted to us by the people, is not a personal tool to target political enemies or avenge perceived wrongs.[Oh, the stories I can tell about that! And hope to!]
She claims to be a conservative. I don't believe her. (Remember, actions speak louder than words.)
Interestingly, her letter to the editor reads like a letter I wrote one of her Deputy Attorneys a few weeks ago seeking Justice. I wrote "Your first duty, by oath (to God?) as well as law, is to the State of Arizona to uphold its laws." Sound familiar? (I'm still waiting for Justice.)
In response, a spokesman for Mr. Thomas suggested Mrs./Miss Polk isInterestingly, her letter to the editor reads like a letter I wrote one of her Deputy Attorneys a few weeks ago seeking Justice. I wrote "Your first duty, by oath (to God?) as well as law, is to the State of Arizona to uphold its laws." Sound familiar? (I'm still waiting for Justice.)
a wannabe judicial candidate.Which brings me to my news about Sheila Polk.
Per the first post on this blog, in June, Presiding Judge Robert Brutinel was vying for a position on the Arizona Supreme Court. Part of the nomination process by the Judicial Nominating Commission is being interviewed by the Commission. Also, at their meetings, which are open to the public, the Commission allows citizens to speak on behalf of (or in opposition to) a candidate.
I attended the first JNC meeting, to see who would speak for (or against) Judge Brutinel. I reported to you about that. I thought that was the end of public comments, and letters to the Commission are confidential. So I thought, "that was that."
Wasn't I surprised at the second JNC meeting when, who to my wondering eyes should appear (to keep with the spirit of the season) but Sheila Polk!! I just about fell out of my chair!
Yes, the busy, busy Yavapai County Prosecutor, fighting crime all day and concerned about her oath under God (BTW, does anyone know if she divorced a husband? That would say a lot about her beliefs about an oath under God), she found time to drive down to Phoenix ( a four hours, round trip, minimum) to speak for 3 minutes on behalf of Presiding Judge Robert Brutinel. No, she couldn't have just sent a letter. (Maybe she did too). She chose to speak.
Kudos to former Chief Justice McGregor who cut off Mrs./Miss Polk right at 3 minutes, just like everyone else. (She hadn't come close to finishing speaking.) No favoritism. Pretty good for a Liberal judge. (Ruth told an Obama joke.)
As with my concerns about Assistant Attorney General Patrica Trebesch, one wonders if there will be a quid pro quo someday. Makes me think Mr. Thomas is right, that Mrs./Miss Polk is, in fact, a wanna be judicial candidate.
Time will tell. (It always does.)
For completeness, here is Mr. Thomas' response to Mrs./Miss Polk's letter. He said,
For my own part, I went to great lengths to show fairness in handling criminal matters involving Maricopa County officials. I sought to hand these investigations and prosecutions to outside prosecutor's offices and special prosecutors. I even asked the U.S. Department of Justice for assistance. All was to no avail. Ultimately, I was left with the duty to enforce the law when I concluded crimes had been committed.A man after God's own heart. (Don't you wish you had a Prosecutor like this in Yavapai County?)
Frankly, it's not easy to prosecute politicians, judges and others who, unlike typical criminal defendants, have a constituency, [or friends... Sheila Polk recused herself from former judge hinson's judicial conduct investigation because she knows him], access to the media and other such resources. But the alternative is worse, and apparently is what some prefer. The concerted efforts behind the scenes and in this newspaper to spur power brokers to protect favored defendants and shortcut the judicial system are wrong.
Amen?
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