PHOENIX

Plaintiffs rebuff Arpaio attempt to forego contempt hearing

Megan Cassidy
The Republic | azcentral.com
Maricopa County Sheriff Joe Arpaio

While Joe Arpaio's admission of defying a federal judge's orders is "significant," it's not enough to free him from a looming contempt of court hearing, plaintiffs' attorneys in a racial-profiling case said in a Thursday court filing.

Attorneys for the Maricopa County Sheriff and Chief Deputy Jerry Sheridan consented to a finding of civil contempt of court, and said it would be a waste of taxpayer dollars to push forward with a contempt hearing, scheduled for April 21-24.

The contempt allegations stem from an eight-year racial-profiling suit, in which U.S. District Judge G. Murray Snow found the agency had disproportionately targeted Latinos during patrol operations.

Both Arpaio and Sheridan now concede they violated some of Snow's orders from this case, including a 2011 preliminary injunction to stop enforcing federal immigration law.

As retribution, attorneys offered up a public acknowledgement of guilt from Arpaio, as well as a $350,000 compensation fund, which they would request from Maricopa County.

But plaintiffs' attorneys from the American Civil Liberties Union and other organizations say the offer falls short, and that the scheduled hearing would shed light on information not included in the defense motion.

For example, they say, it has not yet been determined if high-ranking officials made a conscious decision to hide recordings of traffic stops from discovery in the case. Defense attorneys admitted a failure to turn over this evidence, but did not comment on whether it was intentional.

And as for saving taxpayer dollars by foregoing the contempt hearing?

"[T]he way to avoid such costs is for the Defendants to comply with the Court's orders in the first place," plaintiffs' attorneys said, "not to attempt to avoid discovery of the true reasons and intentions lying behind their failure to comply."

A status hearing, ordered by Snow prior to Arpaio's motion, is scheduled for this afternoon.