Joe Arpaio's Lawyer Tim Casey Claims Court Lacks Power to Appoint Monitor with Power over Sheriff
"This Court has already found that Defendants' actions violate the Constitution and this Court's own prior injunction. Now the MCSO denies the need for a monitor to help the Court prevent future constitutional violations, opposes policy changes, training hours, critical data collection terms, greater accountability through supervisory and disciplinary procedures and other measures that are conventional in racial profiling cases, and refuses even to try to repair the community relationships that its prior violations have damaged."
And unless Casey's forgotten, the U.S. Constitution trumps the authority of a county sheriff, particularly when it comes to violations of that very document.
"The activities proposed by Plaintiffs for a monitor would not conflict with state
law governing the Sheriff's powers and responsibilities," Young notes. "First, there is no state law that prohibits the imposition of a court-appointed monitor.
"Moreover, even if there were any conflict with Arizona law--and Plaintiffs emphasize there is not--in light of the record in this case the Court would still have the power to enforce the U.S. Constitution."
Young maintains that the plaintiffs' proposed order, "does not provide the monitor with the ability to unilaterally order the MCSO to take or to refrain from any action."
Indeed, the plaintiffs' proposed order reads that, "the ultimate arbiter of compliance is the Court." Which should be obvious to all but the dimmest of wits.
"But under Defendants' proposal," Young observes, "all of the numerous and detailed duties regarding approval of implementing policies, procedures, protocols and materials would fall entirely on the Court in the first instance, with no opportunity for the monitor to first try to achieve consensus among the Parties "
Casey can squeal and moan all he wants. I guess he has to, so as to give the appearance of earning the $1 million of the people's money paid to his firm so far to defend a serial racist.
He knows there will be a monitor, that the monitor will have some authority afforded it by the court, and that Arpaio must come to heel.
In fact, one of the best arguments for a monitor is an August 6 chest-thumping fundraising letter signed by Arpaio, which I wrote about this week (in a blog cited by Young).
The sheriff promises his supporters in that correspondence that he will "never back down" when it comes to combating illegal immigration.
Yet, Casey told Judge Snow in June that, "The MCSO is out of the federal immigration enforcement business."
Now, with a client like Casey's, who can't even keep his story in line with what his lawyer is telling the court, why would anyone think an independent monitor is needed?