April 20, 2009

Rebecca White Berch,

Chief Justice
Arizona Supreme Court
1501 W. Washington
Phoenix, AZ 85007-3231

Dear Chief Justice Berch:

U.S. Supreme Court Justice Frankfurter once said: "The Court's authority
possessed of neither the purse nor the sword ultimately rests on sustained public
confidence in its moral sanction.” Baker v Carr, 82 S.CT. 691

The public hopes that Ruth McGregor’s resignation and your election as
Chief Justice signal a sincere effort by the legal community to restore confidence
in the Arizona Supreme Court.

As you know, Canon 2 of the Arizona Code of Judicial Conduct states:

“Public confidence in the judiciary is eroded by irresponsible or

improper conduct by judges. A judge must avoid all impropriety and
appearance of impropriety. A judge must expect to be the subject of
constant public scrutiny…”

As publisher of Common Sense II, I am committed to holding all Arizona

government institutions—including the courts—to the high standards the public
expects as set forth in the Rule of Law. Therefore; from time to time I will bring
to your attention, within your administrative capacity, various issues of public
concern such as those listed below:

I Will you continue former Chief Justice Ruth McGregor’s policy of sending
documents to the lower courts to address the “political concerns” of
citizens, and those of radical, race based political activist groups such as
Los Abogados? If so, will you also include your own letter of endorsement,
even though such action creates the impression of partiality?
 II How can the Commission on Judicial Conduct effectively carry out their
responsibility to protect the public interest when their offices are located
down the hall from yours and they appear to be subordinate to your
authority as Chief Justice of the Arizona Supreme Court?

As you are aware, “the test for appearance of impropriety is whether the
conduct would create in reasonable minds a perception that the judge’s ability to
carry out judicial responsibilities with integrity, impartiality and competence, is
impaired.” A.C.J.C. Canon 2

On a personal note: Members of the Pima County legal community inform

me they hold you in high regard. They assure me you will strive to restore and
enhance confidence in our legal system, and our courts. Please let me know if
there is anything more I can do to assist you in this endeavor.

Yours truly,

Roy Warden, Publisher

Common Sense II
(520) 881-0535
roywarden1@netzero.net

Cc:

Selected members of the Arizona Legislature and Senate, media outlets, political
activist groups including Los Abogados and the Minutemen, and, 1500 Pima
County lawyers, judges, prosecutors, and other legal professionals who currently
subscribe to Common Sense II.