Cochise County judge served third judicial reprimand after causing 'unnecessary distress'
A Cochise County judge with a history of violating the Arizona judicial code has once again been officially reprimanded.
The Commission of Judicial Conduct reprimanded Cochise County Superior Court Judge John Kelliher, Jr. after two people filed complaints about his behavior toward a mother during a preliminary protective hearing in October 2022.
The commission investigates complaints against court justices and judges. It can order a public reprimand or sanction if a judge’s conduct is improper.
During the October hearing, court documents show the judge asked the mother’s attorney if the mother was high after the state requested the hearing be closed to the public.
The attorney allegedly denied impairment, and the judge continued to lecture the mother.
“Ma’am if you’re not high, then I need to find a different job. I don’t think I need to find a different job,” he said.
Documents show he did not clarify why he thought the mother was under the influence of substances.
The court documents also show after the hearing was closed to the public, the judge told the mother her “words don’t matter” and disparaged her about being homeless after she told him she was renting a room in a house.
“We don’t believe you. Your words don’t matter. Trust but verify,” Kelliher reportedly told the mother.
The commission called the judge’s statements to the mother “condescending” and “irrelevant” to the request, only serving to extend the hearing and cause the mother “unnecessary distress.”
In a letter responding to the allegations, Kelliher said he was direct with the mother. He said he asked her if she was high because she “clearly appeared to be under the influence,” without clarifying how she appeared to be under the influence of substances.
He also denied allegations that he was disrespectful to her.
This is Kelliher’s third reprimand. He previously engaged in “insulting, demeaning, and unnecessary dialogue” with a father present at a juvenile proceeding, according to the commission’s investigation.
Court documents also show the judge was reprimanded after making a “mocking gesture with his hand” mimicking a talking puppet.
In all the incidences, the commission found the judge to be violating Arizona Supreme Court code when he failed to promote public confidence in the judiciary, and to act in a "dignified" way, among other violations according to court documents.
According to the commission, censure, suspension, or removal can happen if formal charges are initiated against a judge. In these instances, the commission opted for public reprimands.
Superior court judges in Arizona's smaller counties are elected to four-year terms. If he seeks another term, Kelliher could face a challenge on the ballot in 2026 after winning reelection unopposed in 2022.
This article originally appeared on Arizona Republic: Arizona judicial commission rebukes Cochise County judge a third time
