As we told you, In July 2012, the Ashcroft Alliance complained to the Judicial and Legal Services Commission about Awich's conduct. The commission dismissed the case after finding that the complaint about his appointment to the Appeal Court was premature, because he hadn't been elevated yet. In the case of their complaints of his conduct as a Supreme Court Judge, the commission ruled that their request for his removal from the Supreme Court, was too late. The commission, by majority decision, didn't pass the complaint along to the Belize Advisory Council because it was quote, "misconceived".

The alliance continues to contend that quote, "...Justice Awich should never have been appointed as a Justice of Appeal on account of his misbehaviour, and further, in the alternative, for inability to discharge the functions of his office..." End Quote.

Godfrey Smith, attorney for the Alliance, argued in court during the course of several hearings that that Services Commission erred in law when dealing with parts of the statute, which deals with appointment versus removal of a judge. He also contended that Services Commission failed to carry out their duty when they didn't even alert the Belize Advisory Council that the claimants had made a complaint.

Justice Courtney Abel, after considering all the arguments, found that the Services Commission did not discharge its duty fully. Secondly, he found that Services Commission ought to have made considerations about the complaints of his conduct as a Supreme Court Judge, since it could provide foresight into his conduct as a judge of the Court of Appeal. He agreed with the Alliance that at the very least, the Services Commission, should have done a preliminary inquiry before the body dismissed the complaint as baseless and misconceived.