Pima County Justice of the Peace Paula Aboud is facing judicial ethics charges after allegedly swiping the answer key to a test given to new judges, according to a statement of charges from the Arizona Commission on Judicial Conduct.
Aboud, a former state senator who does not have a law degree, conceded she took the document, but did so “as a prank,” according to a written response to the charges filed in late April. Aboud, the Precinct 6 justice, and her attorney John Tully did not immediately return a message from the Star seeking comment.
The incident occurred during the Limited Jurisdiction New Judge Orientation in January. At the end of the first week, participants were given an assessment “to ensure they have a sufficient grasp of the legal materials presented,” according to the commission’s filing.
During a break, Phoenix Municipal Court Judge James Sampanes, Aboud’s mentor during the orientation, put the answer key on his table and left the room, but had an “unobstructed view” of the table. He saw Aboud take the key and conceal it “among her own papers,” and he took the key back.
Aboud, a Democrat, reportedly told Sampanes that “I probably wasn’t even going to read it,” according to the commission’s filing. In her response, Aboud said she has “no recollection of making that statement.”
Justice of the Peace Charlene Pesquiera witnessed the incident, according to both documents. In her response, Aboud claims that Pesquiera also believed Aboud’s actions to be a prank. Pesquiera did not immediately return a request for comment.
Sampanes “did not interpret or understand (Aboud’s) conduct to be a joke,” the statement of charges reads.
The commission alleges Aboud’s behavior, even if done “in jest,” violated the state’s code of judicial conduct.
A date for a hearing on the matter has not been set. A release from the commission notes “the commencement of formal proceedings against a judge does not mean that the charges have been proven,” and that “clear and convincing evidence” would be necessary to do so.
If the hearing officer, Division 1 Appeals Court Judge Lawrence Winthrop in this case, finds Aboud guilty of the charges, he can opt for the informal sanction of a public reprimand or a formal sanction like censure, suspension without pay or even removal from office, according to the same release.
Aboud’s District 6 covers an area of metro Tucson primarily along Interstate 10 from about Grant Road to north of Cortaro Farms Road.
