Retired Maricopa County Superior Court Commissioner Lindsay Ellis -- under fire for giving select attorneys a sneak peak at her draft order approving the draining of an elderly widow's life savings -- is asking a Superior Court judge to halt his inquiry into her conduct.
Ellis contends that she can't be hauled into court and asked why she gave favored treatment to one side, the side that wound up with most of Marie Long's money.
Her reason? She has judicial immunity.
Ellis has hired a trio of attorneys who contend that Presiding Judge Barbara Mundell and Presiding Probate Judge Karen O'Connor exceeded their authority in ordering an investigation into Ellis' “alleged improprieties”.
“If absolute judicial immunity means anything, it must mean that a judge cannot be hailed into court and asked to participate in a hearing aimed at piercing the core of her judicial function – the decision and her decision-making process,” attorneys Kevin O'Malley, Paul Charlton and Kiersten Murphy wrote in asking that the court inquiry be cancelled.
Ellis' neutrality has long been questioned in the case of the 88-year-old widow who went from having $1.3 million to nothing while under the protection of probate court. O'Connor twice denied requests to remove Ellis from the case, claiming there was no evidence of bias.
But last month's remarkable revelation that Ellis, through a judicial assistant, communicated with one side in the case has led to a collective jaw drop in the legal community. Her March 15 draft order, ruling that a group of fiduciaries and probate attorneys were justified in collecting nearly $800,000 from Marie, was sent only to those who stood to benefit from the ruling. Attorneys for Marie and her sisters didn't find out about the improper “ex-parte” communication until mid May when attorney Brenda Church finally disclosed Ellis' e-mail and her reply, suggesting several factual changes.
The revelation prompted O'Connor to immediately transfer this hot potato out of probate for a hearing into Ellis' conduct. Mundell, in turn, quickly tossed it to Judge Robert Budoff, who ordered everyone involved in the case – including Ellis -- to his courtroom on June 7.
Full Article and Source:
Judge Ellis to Superior Court: Bite Me"
See Also:
Judge's E-Mail Raises Eyebrows
9 comments:
When they drag out judicial immunity, you know it's to cover up corruption!
Ellis argues "If absolute judicial immunity means anything, it must mean that a judge cannot be hailed into court and asked to participate in a hearing aimed at piercing the core of her judicial function – the decision and her decision-making process"
If the process were transparent, then I might agree. But too many legal professionals don't want the transparency and accountability which victims of legal abuse want. For example, they don't want to take advantage of internet-age technology to implement court reporting system features like those described online at http://home.roadrunner.com/~tvfields/CrtRptSysReform.htm
Judicial immunity does not apply to criminal acts.
Laurie Roberts is doing a great job with these stories and I really apprecitate her work.
Judge Lindsey Ellis should be DEBENCHED and DISBARRED!
There's so much abuse of judicial immunity that we might get some much needed change in the laws.
I agree with Mark.
She enabled the fancy feasting in the case.
The U.S. Constitution says that judges ahall remain in office during good behavior.
Ellis' ex-parte maneuver demonstrates that she is incapable of good behavior.
Get the bitch off the bench!
There should be OPEN FINANCIAL records on ALL Judge/Guardianship/Ward cases!
"Absolute Power Corrupts Absolutely"
Post a Comment