Matter of Ackel , 155 Ariz. 34 ( 1987 )

FELDMAN, Vice Chief Justice,

dissenting.

I agree with the majority’s analysis and its conclusions, except for the ultimate conclusion regarding the proper sanction.

My disagreement is based upon a slightly different view of the ultimate inference to be drawn from the evidence. As the majority notes, we are the ultimate judges of fact and law. At 99. I do not see this as just a case of sexual harassment which will probably not be repeated. I find an even more serious type of corruption in this case. The respondent obviously sought sexual favors from Ms. Randall and made it quite clear that although nothing was demanded of her, complaisance would bring judge and litigant to an even better working relationship. Together, the judge and Ms. Randall would work to “get the son of a bitch.” The problem, of course, is that the “son of a bitch” in question was the other party to the litigation before the judge.

This, I believe, is not just partiality or sexual harassment, bad as they may be. It amounts to a solicitation of favors for the dispensation of justice. In my view, it makes no difference whether the judge solicits sexual favors or a few dollars as acknowledgment of past or future judicial service. Such solicitation is corrupt and indicates a temperament unfit for judicial office. Removal is the appropriate sanction in this case.