IN RE McVAY

No. JC-06-0002.

158 P.3d 198 (2007)

In the Matter of Jacqueline McVAY, Justice of the Peace, Respondent.

Supreme Court of Arizona, En Banc.

May 24, 2007.


Attorney(s) appearing for the Case

Jones, Skelton & Hochuli, P.L.C. by A. Melvin McDonald, Jr., Phoenix, Attorney for Jacqueline McVay.

Commission On Judicial Conduct by Linda Haynes, Disciplinary Counsel, Phoenix, Attorney for Commission on Judicial Conduct.

Wilenchik & Bartness, P.C. by Dennis I. Wilenchik, William P. French, Kathleen E. Rapp, Phoenix, Attorneys for Amicus Curiae Maricopa County Justice of the Peace Bench.


OPINION

RYAN, Justice.

¶ 1 This case requires us to decide whether the Commission on Judicial Conduct (Commission) improperly considered the effect a suspension would have on a judge's retirement benefits in approving agreed-upon sanctions. We hold that it did.

I

¶ 2 Judge Jacqueline McVay has served as a full-time justice of the peace since January 1, 1989. In 1994, Judge McVay was informally

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