Pubdate: Fri, 28 Mar 2003
Source: Arizona Republic (AZ)
Copyright: 2003 The Arizona Republic
Contact:  http://www.arizonarepublic.com/
Details: http://www.mapinc.org/media/24
Author: Jim Walsh, The Arizona Republic

FILL-IN JUDGE FIRED FOR REFUSAL TO HEAR DRUG CASES

A judge pro tem was fired Thursday, his first day on the job at a Mesa 
courthouse, for refusing to hear drug cases.

Arizona Chief Justice Charles Jones fired Marc Victor, a Mesa defense 
attorney, saying Victor "expressly declared his inability to be impartial 
in the application of the law and the disposition of cases before him."

But Victor, a marijuana legalization activist, said he recused himself only 
on drug cases, not all cases.

"I thought it was the honest, up-front thing to do," said Victor, who 
brought a six-page proposed "minute entry" with him to Maricopa County 
Superior Court, outlining why he believes drug laws violate the U.S. and 
Arizona constitutions.

Victor is a member of the National Organization for the Reform of Marijuana 
Laws' legal committee. NORML supports legalization.

Victor's document stirred a hornet's nest when it reached Chief Presiding 
Criminal Judge Thomas O'Toole and Presiding Superior Court Judge Colin 
Campbell.

After conferring with Campbell, O'Toole called Victor at the Mesa 
courthouse and dismissed him, saying "we're not happy with your 
performance," Victor said.

Pro tem judges are unpaid attorneys who fill in for full-time judges.

"It made me feel there is no room for dissent on the bench," Victor said. 
"That's what shocked me, how quick they threw me off the bench."

He said the incident shows there is a litmus test that bars judges who 
oppose drug laws.

J.W. Brown, a Superior Court spokeswoman, said pro tems "serve at the 
pleasure of the court, and his services were not needed."

Jones rescinded Victor's appointment as the judge pro tem at Campbell's 
request, according to a brief court document.

Commissioner Elizabeth Arriola had agreed to handle the court's drug 
calendar and the seven drug cases on Victor's routine morning calendar.
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