PHOENIX — Two municipal judges in the Phoenix suburb of Surprise are facing punishment themselves following an investigation that found both judges have acted improperly.
The Arizona Commission on Judicial Conduct has charged Judge Joseph Malka with abuse of authority, incompetence, appearance of bias, improper judicial demeanor and failure to exercise judicial independence.
Judge Jerry Colglazier was charged with incompetence and failure to exercise judicial independence.
All are administrative charges.
The commission has recommended to the Arizona Supreme Court that both judges receive censure, a public statement of violation and the least severe form of disciplinary action, said Keith Stott, executive director of the commission.
Malka also will be required to take a weeklong "refresher course" on a topic pertaining to proper judicial conduct.
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The judges agreed in writing to the commission's recommendations.
Among other accusations, both judges are accused of conspiring to raise a defendant's bond with no credible explanation, denying the defendant his right to speak with a lawyer, and holding an informal contempt hearing with no sworn testimony or response from the defendant.
Neither Malka nor Colglazier returned phone calls for comment.
Complaints portray Malka as temperamental, losing patience with defendants and lawyers. A few recorded incidents document him telling defendants to "stop talking" or to "shut up."
According to a statement of charges, Malka delayed one woman's case by a week because she disrupted the courtroom by cracking her knuckles too loudly.
Stott said an investigation of Malka began in May following complaints from attorneys. He said Malka was Colglazier's supervisor.
Malka earns $122,935 a year and joined the Surprise court in July 2005. Colglazier is a pro tem, or temporary, judge for the city and has earned $12,025 since July 1.
Surprise spokesman Ken Lynch said the city may consider adding its own disciplinary actions.
