Mark Brnovich's Wife, Judge Susan Brnovich: Did She Pull a Lester Pearce?

Former Superior Court Judge Colin Campbell's firm Osborn Maledon did the investigation into Lester Pearce for the Commission on Judicial Conduct.

Campbell, who has given advice to Judge Brnovich on this issue, cited what he referred to as the "leading paper" on the subject, entitled, "Political Activity by Members of a Judge's Family," which can be found on the American Bar Association's Web site.

Read the paper Campbell references surveying ethics codes for judges.

The paper offers a survey of state rules restricting campaigning by judges. Campbell says he believes there is an exception under which Judge Brnovich would fall.

"Many state ethics opinions have held that that a candidate's campaign ads or flyers can identify a candidate's spouse by name and relationship as long as the material does not identify the spouse as a judge," he told me in a lengthy e-mail.

"Taking these authorities into account," he continued, "in my opinion, Judge Brnovich can participate in an interview with her husband, provided that she does not identify herself as a judge and limits her remarks to her marriage and family.

"In this situation, her role as a wife and mother is 'solely to the legitimate need of the candidate to present a full biography of himself.' The interview you note is well within these limitations. I suspect that 99.9% of the people who view the interview will not even know or recognize the wife as a judge."

Problem is, now that the genie has fled the oil can, a lot of people are going to know that Susan Brnovich is the wife of Mark and is on the bench.

Campbell also suggested that there could be, "a question whether a prohibition of speech under these circumstances, confined to statements as to her role as a wife to the candidate, is constitutional under the Arizona and United States Constitutions."

I asked him, since he was citing state rules, wouldn't Arizona's rules be paramount in this matter?

"The rules are remarkably consistent on this across the States," he replied. "The issue is what does the rule mean. Other states have address these issues in similar factual circumstances, but Arizona has not."

As I suspected, Ryan, who is a purist when it comes to such matters, was not convinced by Campbell's argument, which I sent to him in full, along with a link to the legal study Campbell cited.

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8 comments
dennis20
dennis20 topcommenter

She broke the law and shouldn't get a pass. 


We charge, jail and deport here in Az. for working remember?


Granted, it is not the same as asshat Lester Pearce who campaigned for both Olivia Cortez and his brother.  Granted, Judge Brnovich probably wont attack a certain videographer standing silently 12 feet away from her in public. But she still should've known better. If it were a democrat, the GOP would call for her head.  

Susurro_Perforado
Susurro_Perforado

It's splitting hairs to act like this is a violation.  She spoke about their marital relationship and her husband's character.

The ethics rules are intended to preserve the impartiality and independence of the judiciary.  But I think one could reasonably assume that a candidate's wife supports him, and that any other assumption would be a silly stretch.

Tom Horne on the other hand, is a big time scumbag.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Mr. Lemons, Your well documented journalism is greatly appreciate. The fact that the Brnovich's met one another while working in the Maricopa County Attorney's Office, explains why they might not know the laws.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Thanks for the research and opinions. Maricopa County needs to have TOM RYAN for Maricopa County Attorney! The people of Arizona need him. 

dennis20
dennis20 topcommenter

@TommyCollins  The reason the republicans are backing Horne on those wing-nut blogs is because he is against the DREAMers, any common sense immigration reform and supports Sheriff Joe.  It's that simple. It's always that simple when dealing with the wing-nuts.


TommyCollins
TommyCollins topcommenter

@robert_grahamcracker I rarely comment on physical appearances, but in this case I must. Mr. Horne DOES look like damaged goods. His political life is nearing it's ugly end and he may have to find a job where he has to work for his shekels....


Jukes
Jukes

@TommyCollins Just so it's not in education.  He's done enough damage there, already.

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