Why AZ's judicial conduct panel dismissed complaint against troubled Cochise County judge

The Arizona Commission on Judicial Conduct has dismissed the latest complaint against a Cochise County judge with a history of violating the state's judicial code. The commission said the alleged behavior happened too long ago, and the judge had subsequently been disciplined for similar conduct.

The newest complaint about Cochise County Superior Court Judge John Kelliher, Jr., alleged that he was demeaning to the client of attorney Thomas Asimou during a hearing in December 2016. Kelliher has received three judicial reprimands centering on his behavior.

Because the hearing occurred more than three years before the complaint was filed on March 5, and because similar complaints against the judge have already been adjudicated, the complaint was dismissed.

"The judge identified in this complaint has been reprimanded for similar instances of poor demeanor that occurred after 2016," said the commission in its disposition of the complaint. "The Commission determined the disciplinary consequences previously imposed are sufficient to address the concerns raised in this complaint."

The latest criticism centered on Kelliher's behavior during a case about a man who went missing in Mexico and the man's wife's efforts to declare him deceased. Asimou alleged Kelliher's behavior toward his client was "bizarre" and "demeaning." Asimou said he felt that the judge was trying to humiliate his client because of her national origin and her accent she when she spoke English. The client was Mexican, Asimou said.

John Kelliher, Jr.: Cochise County judge served third judicial reprimand after causing 'unnecessary distress'

Legal expert Keith Swisher, who reviewed the complaint from Asimou as well as the unsealed portion of the hearing's transcript, highlighted some instances of inappropriate commentary. He pointed to sections in which Kelliher joked about a nonexistent theater and told witnesses that the water in the courthouse was unsafe, both of which appear irrelevant to the proceeding.

"Judges have an ethical duty to be courteous and patient with everyone in the courtroom and to give litigants an opportunity to be heard according to law," Swisher said in an email. "Judges must also remain fair and impartial, avoiding bias for or against a party or the party's lawyer."

Court transcripts show unusual interaction between Kelliher, counsel

In his letter to the Arizona Commission on Judicial Conduct, Asimou said the judge shifted to "disdain" towards his client after "patronizingly" instructing her on how to give her testimony.

"Let me talk, please," Kelliher said in the court transcript. "Let the attorneys finish their questions before you try to answer ... It doesn't work if two people are talking at the same time."

He then told people to breathe.

"Everybody remember to breathe. Got to get the oxygen to the brain. We're in no rush," he said. "I'm here all day, unfortunately for me, but I'm here," Kelliher said.

Asimou also witnessed the judge coaching the opposing counsel on when to object to a report made to a police officer.

"This isn't working the way it's supposed to work," Kelliher said in the transcript. "Normally police reports are hearsay, and they're not admissible."

Opposing counsel subsequently objected to the evidence. The judge said he would sustain that objection if the witness was going to read the report, which was not in evidence.

In another instance, Kelliher asked the opposing counsel if they wanted to object to how Asimou asked a question. Asimou said that behavior was demeaning toward his client.

"I felt it was inappropriate that he was fostering the opposing counsel to make objections to evidence that was coming in," he told The Arizona Republic.

At one point, Asimou said the judge was almost "gushing praise" to an FBI agent who was testifying.

"Sir, before you leave, let me share with you my gratitude for your service to our country. I'm an Army brat. I'm very proud of that," Kelliher said in the transcript.

Asimou also gave examples of Kelliher going off-topic about religion and his personal views.

"Our emotions are what separate us from everything else God has put on this earth. It's right to feel. Especially, this holiday season," Kelliher said. "I'm a Christian man ... I believe in a greater being. I welcome everybody to believe what they want... I'm telling you where I'm coming from. I'm asking you to join me ... in some civility as we work through these."

During the hearing, Kelliher also spoke about a book that had nothing to do with the case and stood up to stretch his back, mentioning his back issues, Kelliher wrote in the complaint, Asimou said.

According to the commission, censure, suspension, or removal can happen if formal charges are initiated against a judge. In the first three reprimands, the commission opted for public reprimands.

Superior court judges in Arizona's smaller counties are elected to four-year terms. If he seeks another term, Kelliher could face a challenge on the ballot in 2026 after winning reelection unopposed in 2022.

Reach the reporter at sarah.lapidus@gannett.com. The Republic’s coverage of southern Arizona is funded, in part, with a grant from Report for America. Support Arizona news coverage with a tax-deductible donation at supportjournalism.azcentral.com.

This article originally appeared on Arizona Republic: AZ judicial panel dismisses fourth complaint against Cochise County judge