Joe Arpaio's Lawyer Tim Casey Claims Court Lacks Power to Appoint Monitor with Power over Sheriff
azbarristers.com Casey: defending discrimination for cash...
Sheriff Joe Arpaio's legal Lhasa Apso Tim Casey is either a past master of logical paradoxes, or he has a tin ear for irony. At least that's how his latest filing with the federal court in the ACLU's big civil rights case Melendres v. Arpaio reads.
Last Friday, the parties in Melendres submitted a joint report on areas of agreement and disagreement, regarding how Judge G. Murray Snow's order in the case should be implemented.
Arpaio lost the case in May, when Snow found Joe's office guilty of prejudiced policing toward Hispanics, and enjoined the MCSO from continuing its racial-profiling ways.
Since then, true to form, the sheriff's office has objected to nearly everything the plaintiffs have requested in Melendres, though lawyers for the plaintiffs proved during last summer's trial that Arpaio is a pathetic old bigot, and his office has a pattern and practice of discriminating against Latinos.
So this week, Judge Snow ordered both sides to submit their arguments regarding the various points of contention, the main one being whether an independent monitor is needed to ensure that Maricopa County's near-senile serial racist doesn't continue to violate the U.S. Constitution.
In his brief on the matter, Casey concedes that a federal judge has the power to tell an elected county sheriff what to do.
And he admits it's well-established that a district court can appoint an independent monitor.
But he argues that an "Article III judge," as in Article III of the U.S. Constitution, cannot appoint a federal monitor, who can tell an elected sheriff what to do.
The most a monitor can do, Casey claims, is suggest stuff to the sheriff, which the sheriff can either follow or not.