By Staff Reporter |
The Maricopa County Sheriff’s Office (MCSO) will continue to have a federal court monitor for the time being.
Arizona District Court Judge G. Murray Snow ruled last week that MCSO still needs federal oversight to prevent racial profiling by its officers, namely during traffic stops.
Snow based his denial on the department’s elevated rate of investigations and arrests of Hispanic individuals.
Snow said that MCSO hadn’t provided compelling evidence that it wouldn’t impose higher rates of searches and arrests and longer stops for Hispanic drivers.
“[There is] significant, probative evidence that racial bias may continue to affect MCSO’s traffic stop operations,” stated Snow. “To be clear, evidence of racial disparities does not, by itself, establish intentional racial discrimination. Nor must MCSO eliminate every statistical disparity before it can establish that prospective enforcement of the First Order is no longer warranted. But further explanation is needed.”
MCSO first received a court monitor 13 years ago following a lawsuit alleging unconstitutional racial profiling amid immigration enforcement operations that took place under former Sheriff Joe Arpaio. Local and state leaders have petitioned for an end to the monitor, citing the cost to taxpayers: nearly $350 million to date.
Rep. Andy Biggs (AZ-05), the Republican nominee for governor, issued a statement saying the ruling had “disturbed” him. Biggs claimed the court monitor had exacerbated existing deputy attrition and recruitment challenges.
“The monitor’s continued existence in our county and propensity for moving the goalposts from his original charge exploits taxpayers and undermines the brave work of law enforcement,” said Biggs. “This most-recent ruling underscores the need for the Senate to pass my Monitor Accountability Act, which sets common-sense and clear rules for courts’ use of federal monitors. I stand with the people and law enforcement officers of Maricopa County!”
Congress is considering the Monitor Accountability Act: legislation from Biggs that would reform federal standards governing court-appointed monitors. The House passed the bill in May, and it is currently before the Senate.
The legislation would impose a five-year term limit on court monitors and prohibit reappointments under the same court order, bar successive monitors from the same law firm or employer, cap monitor compensation fees, require public comment on court monitors prior to appointment, limit monitorship extension to cases exhibiting insubstantial and unsustained compliance, and reassign cases after six years.
The legislation would be retroactive, meaning MCSO would have the monitor and judge on its case replaced.
MCSO Sheriff Jerry Sheridan told KTAR that the judge’s order had provided him with enough structure to make him optimistic for a future relief effort.
“The positive thing that I got out of it: he recognized that there are many paragraphs the sheriff’s office is in compliance with,” said Sheridan.
MCSO issued a statement expressing disappointment with the court ruling but, like Sheridan, acknowledging a silver lining.
“We are disappointed by the Court’s decision because we believe MCSO has implemented durable remedies for violations that occurred 19 years and three administrations ago,” said MCSO. “At the same time, we are encouraged that the Court has provided a framework on eliminating portions of the Order that are no longer necessary and focusing compliance efforts on the remaining issues to be addressed. This will allow MCSO to focus its resources on achieving full and effective compliance with the remaining requirements. MCSO looks forward to working with the Parties on this process.”
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