Date of Offense
Statement
“Judge Michelle Comer conducted my arraignment and accepted a guilty plea entered by an attorney who was not authorized to represent me. The transcript shows that Mr. Kinney stated, ‘I’m appearing on behalf of Ms. Kinney for that’ (p.2), yet the Power of Attorney on file did not authorize him to act, did not list him as counsel, and did not grant authority to enter a plea. Judge Comer did not verify his authority, did not inquire into the validity of the POA, and did not confirm that I had retained or consented to his representation.”
“Judge Comer then allowed Mr. Kinney to enter a guilty plea on my behalf in my absence, despite the fact that no Information had been filed. When the Court asked, ‘Do you have an information for that? The reckless driving?’ the prosecutor responded, ‘Your Honor, I do not’ (p.4). Despite this admission, Judge Comer proceeded to accept a guilty plea without a charging document, without a factual basis from me, and without my presence.”
“Judge Comer also accepted the prosecutor’s request to create a new fugitive‑from‑justice case file on the spot — ‘So you are opening a new file today for that?’ (p.3) — even though the prosecutor admitted that ‘all we have… was the initial ticket’ (p.2). She did not require a complaint, affidavit, warrant, or any lawful charging instrument before allowing the new case to be opened.”
“She further accepted the prosecutor’s statement that I had ‘already waived extradition’ (p.3) without conducting any colloquy, without verifying that I had signed a waiver, and without ensuring that any waiver was knowing or voluntary. No waiver was presented to the court, and no advisement was given.”
“Judge Comer then approved the transfer of a $30,000 bond to a new case file — ‘So the bond in the other one will be 30 thousand’ (p.7) — without examining the legality of the bond, its origin, or whether it was tied to a defective Arizona warrant. She relied entirely on counsel’s representations despite expressing confusion earlier in the hearing.”
