Q: How to remind a judge to do something required under the rules, yet they haven't? A mere motion seems inappropriate.
Since a motion is a pleading or request that can be denied, is there a type of filing more appropriate? A Notice? Don't want to be rude of course, just clearly get the point across that the rules are clear. To me, a failure to follow the rules is grounds for a complaint to the Commission on Judicial Conduct, which I'd follow through with if continued disobedience to the rules are continued without good cause shown. An Order? to Show Cause why the rule has not been followed? I can't file an order against a judge can I? Thanks
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A:
In Arizona, if you need to remind a judge about a required action under the rules, and you believe a motion isn't the right approach, there are a couple of respectful options you can consider.
First, you might consider filing a "Notice of Non-Compliance" or a similar document, outlining the specific rule and the required action that has not been taken. This notice should be factual, non-confrontational, and clearly reference the relevant rule and any deadlines that have passed.
Another option is to request a status conference or a hearing to discuss the issue. This request can be framed as an effort to understand the current status of the matter and any potential issues causing delays.
It’s important to approach this situation with caution and respect for the judicial process. Directly filing an order against a judge is not a standard practice and could be seen as inappropriate.
If you feel strongly that the judge’s inaction is a violation of judicial conduct, consulting with a colleague or a mentor for advice can be helpful before proceeding with a complaint to the Commission on Judicial Conduct.
Remember, the legal system values professionalism and decorum, especially in interactions with the judiciary. Ensuring that your actions are appropriate and respectful is key, even when addressing concerns about rule compliance.
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