Thread: Maricopa prosecutor wants judge to step down from migrant ca

Published: 10.03.2007

Maricopa prosecutor wants judge to step down from migrant cases
Claims judge released immigrants or set a low bond, criticized the law, and was impolite to deputy county attorneys
ASSOCIATED PRESS
PHOENIX -- In an unusual legal move, Maricopa County Attorney Andrew Thomas has demanded that a superior court judge step down from hearing cases involving migrants.
Thomas accuses Judge Timothy Ryan of refusing to enforce Proposition 100, the voter-passed initiative that denies bond to illegal immigrants accused of committing serious crimes.
Thomas' private attorney filed the request as a court motion.
In the motion, Thomas accuses Ryan of releasing immigrants or setting a low bond in several cases; of giving quotes to the media that were critical of the law and of being impolite to deputy county attorneys, including threatening to hold one prosecutor in contempt of court for not appearing in court.
Ryan would not comment on the motion and neither would Presiding Criminal Judge Ana Baca or Presiding Judge Barbara Rodriguez Mundell. Thomas also would not comment.
A spokesman for Thomas said there would be a hearing on the motion Wednesday.
At Arizona State University, law Professor Paul Bender said that if there were concrete proof a judge was biased, some action could possibly be taken. Bender said judges might recuse themselves from particular cases, but not all cases. "It's a remarkable request," Bender said. "I never heard anything like it."
Meanwhile, the Arizona Court of Appeals knocked down a constitutional challenge to Proposition 100.
Public defender Tracy Friddle told the court the law was vaguely worded and could affect immigrants who are in the country legally.
The court disagreed.
It ruled the law did not deny due process but simply clarified an instance in which a defendant was a flight risk. "Proposition 100 was intended to thwart criminals from fleeing justice and accountability in Arizona courtrooms," Thomas said in a prepared statement about the appellate court decision. "This reform is essential if we are to prevent criminal offenders from coming and going as they please across our southern border."

http://www.azstarnet.com/sn/printDS/204371

Arizona Code of Judicial Conduct

CANON 2
A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE
OF IMPROPRIETY IN ALL OF THE JUDGE'S ACTIVITIES
A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

CANON 3
A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL
OFFICE IMPARTIALLY AND DILIGENTLY

5)
A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability,age, sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to the judge's direction and control to do so.

http://159.87.239.100/ethics/Code_of_Ju ... e_2004.pdf