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In re the Matter of Robert W. Golston and Christopher T. Rapp, Mesa, for Robert W. This is a judicial disciplinary proceeding in which a judge of the Tempe City Court asks us to modify the sanction recommended by the Commission on Judicial Conduct under Rule 11 aRules of Procedure for the Commission on Judicial Conduct. Judge Robert W. Koch was charged with four counts of judicial misconduct. Count I alleged that he committed civil assault and battery on Ray Brinkman, and that his habitual intemperance played a role in that attack.

Count II alleged that he committed assault and battery on Wendy Doan, his ex-girlfriend, and that alcohol played a role in that attack. Count III alleged that he committed assault and battery on Gary Nielsen, and that alcohol played a role in that attack.

Count IV alleged that he was arrested and charged with one count of soliciting prostitution, a crime of moral turpitude. After an evidentiary hearing, the Commission filed its findings of fact, conclusions of law, and recommendations Findings. The relevant facts follow.

That van buren phoenix prostitution, they "were involved in an incident of domestic violence amounting to mutual combat.

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Doan testified that Judge Koch picked her up and threw her against a wall. She called the police. Judge Koch was put on administrative leave for a week while the incident was investigated. No charges were filed. On February 19,Judge Koch and Doan were no longer living together. That night, Judge Koch entered Doan's apartment. Although she was not there, her friend, Ray Brinkman was.

Judge Koch verbally abused Brinkman, pushed him, and threatened his life.

That same night, Judge Koch found Doan outside of his own condominium. He pushed her with enough force to injure her. On April 1,at approximately p. He approached a woman on the corner and motioned her to his truck by tilting his head from side to side. They exchanged greetings, and the woman asked Judge Koch what he was looking for. He replied "How about some head?

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The woman asked how much he had to spend, and he replied that he had twenty dollars. The woman was an undercover Phoenix police officer participating in a "customer apprehension program. Judge Koch claimed that he stopped at the corner merely to test his brakes.

He was convicted in the Phoenix Municipal Court the day after oral argument in this case. On May 17,Judge Koch entered Doan's apartment again. Gary Nielsen, Doan's boyfriend, told him he was not welcome.

Judge Koch stayed in the apartment, yelled obscenities, pushed Nielsen backward, and threatened his life. The Commission found that Judge Koch had problems with depression and a van buren phoenix prostitution of alcohol abuse. It considered aggravating and mitigating circumstances. It found that Judge Koch's failure to participate in an alcohol assistance program, until suggested by his lawyer after these disciplinary charges were filed, was aggravating. The Commission found that Judge Koch's treatment by a psychologist for depression was mitigating. The Commission unanimously recommended that Judge Koch be removed from office and that he be assessed fees and costs.

Article 6. We therefore suspended Judge Koch on August 16,subject to the court's final decision. Rule 11 dRules of Procedure for the Commission on Judicial Conduct "interim suspension required by article 6. Oral argument was held on October 19, The next day, Judge Koch was convicted of soliciting prostitution. On October 24,we entered an order removing Judge Koch from his position as a judge, with an opinion to follow.

Judge Koch argues that he should be suspended with pay until he overcomes his temporary disability.

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Judge Koch's first argument is that the Commission ignored his exemplary record on the bench. The Commission did consider Judge Koch's record. It found that the judge was "a capable and hardworking judge who is knowledgeable in the law and available to perform his duties seven days a week.

Yet the Commission did not find this to be a mitigating circumstance. Nevertheless, its mitigating weight, when weighed against the gravity of his misconduct, does not warrant a lesser sanction. Judge Koch's second argument is that the Commission ignored the temporary nature of his disability.

He suggests that he will overcome it and be able to continue serving as a judge. The Commission did find Judge Koch's psychological treatment and depression to be mitigating.

It is commendable that Judge Koch has sought treatment for his problems. Nevertheless, although his problems may be temporary, the harm to the public's faith in legal institutions is not. Judge Koch's final argument is that the Commission did not consider his plea of not guilty to the solicitation charge. We give his plea no consideration in light of his intervening conviction.

Moreover, the Commission's findings were based on the evidence presented at the hearing. It was entitled to make these findings no matter what the outcome in the criminal proceeding. We are authorized by the Arizona Constitution to discipline a judge for "conduct prejudicial to the administration of justice that brings the judicial office into disrepute. We impose sanctions to protect the public, not to punish.

In re Peck, Ariz. This offense appears under Article IV of that code, entitled "Offenses Involving Morals," and is a crime involving moral turpitude. It also falls within article 6. He claimed to be out testing his brakes at p. But he lives in Tempe. He admitted that the drive from his house to east Phoenix was ten to fifteen minutes. We van buren phoenix prostitution not believe he was there to test brakes.

It is true that Judge Koch's conduct was not directly related to his duties as a judge. He was a hard worker in a municipal court that had its share of problems. But discipline is not reserved for judges who engage in improper behavior while on the bench. In Marquardt, we suggested that removal is appropriate for judges who commit a serious offense, such as one involving moral turpitude.

Judge Koch committed a crime of moral turpitude. While removal does not necessarily follow from such a conviction, it is the appropriate sanction here. Judge Koch had a series of personal problems, beginning with a DUI conviction in His alcohol problem continued. He assaulted at least three people. While this conduct may be attributed to his unfortunate personal life, the solicitation conviction is a quantum leap forward in moral culpability.

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Faith in public officials is difficult to restore. While there are factors supporting a lesser sanction, such as Judge Koch's excellent record on the bench, we cannot overlook the gravity of his misconduct. We agree with the Commission that removal, not suspension, is appropriate.

Accordingly, under the authority of article 6. He also is assessed costs and fees as may be taxed and allowed. Judge Koch's counsel has not informed us otherwise, and has not notified us of any appeal.

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