April 20, 2009

 Rebecca White Berch,

 Chief Justice

 Arizona Supreme Court

 1501 W. Washington

 Phoenix, AZ 85007-3231

Dear Chief Justice Berch...

U.S. Supreme Court Justice Frankfurter once said: "The Court's authority possessed of neither the purse nor the sword ultimately rests on sustained public confidence in its moral sanction.” Baker v Carr, 82 S.CT. 691

The public hopes that Ruth McGregor’s resignation and your election as Chief Justice signal a sincere effort by the legal community to restore confidence in the Arizona Supreme Court.

As you know, Canon 2 of the Arizona Code of Judicial Conduct states:

“Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny…” 

As publisher of Common Sense II, I am committed to holding all Arizona government institutions—including the courts—to the high standards the public expects as set forth in the Rule of Law. Therefore; from time to time I will bring to your attention, within your administrative capacity, various issues of public concern such as those listed below:

I  Will you continue former Chief Justice Ruth McGregor’s policy of sending documents to the lower courts to address the “political concerns” of citizens, and those of radical, race based political activist groups such as Los Abogados? If so, will you also include your own letter of endorsement, even though such action creates the impression of partiality?

II  How can the Commission on Judicial Conduct effectively carry out their responsibility to protect the public interest when their offices are located down the hall from yours and they appear to be subordinate to your authority as Chief Justice of the Arizona Supreme Court? 

As you are aware, “the test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality and competence, is impaired.” A.C.J.C. Canon 2 

On a personal note: Members of the Pima County legal community inform me they hold you in high regard. They assure me you will strive to restore and enhance confidence in our legal system, and our courts. Please let me know if there is anything more I can do to assist you in this endeavor.  

Yours truly,

 Roy Warden