Joe Arpaio's Hate Campaign Against the Undocumented Persists Despite New Rules
No one would call the sheriff's lawyer, Tim Casey, a maestro of spin, but his response to federal Judge G. Murray Snow's final order in the ACLU's racial-profiling lawsuit, Melendres v. Arpaio, was a little like painting a smiley face on day-old road kill.
Photo by Dennis Gilman
Arpaio still is the jefe, Casey told several news outlets, and the monitor Casey fought so hard against -- the one Snow's order insists upon -- will have "absolutely no veto power."
Which sounds like a significant point, unless you understand that no one ever sought "veto power" for the monitor who will act as Snow's eyes and ears in the execution of his detailed, 59-page order.
In fact, Casey pulled this straw man out of his briefcase on August 30, the last time both sides in Melendres met before Snow's October 2 injunction.
Snow was having none of it.
"Where in that procedure, where in the proposed order ... does it give the monitor any veto authority over Joe Arpaio's operational decisions?" Snow demanded of Casey.
"It does not," Casey had to admit. "None of it does, either in our version or in the plaintiffs' version."
Snow, in his order, makes clear that he is the "ultimate arbiter of compliance" in Melendres, as you would expect him to be. If the parties cannot resolve any issues with the monitor, "the parties may submit their grievances to the court for a resolution."
And, like a spoiled brat who refuses to obey his babysitter because she isn't Mommy or Daddy, the Maricopa County Sheriff's Office risks a spankin' when the parents get home, or in this case, when Snow has to lay down the law -- yet again -- to a recalcitrant Arpaio.
Because the monitor will have "the duties, responsibilities, and authority conferred by the court," according to Snow's order.
The MCSO must grant the monitor, which could be an individual or a team, appropriate office space and equipment. And the Sheriff's Office must allow the monitor "full and direct access to all personnel, documents, facilities ... and meetings."
That access includes "all records and information relating to criminal investigations," and should the MCSO decide to do a "pre-planned operation" (you know, like a sweep) involving 10 or more personnel, the MCSO must produce a "written protocol," outlining most aspects of the operation and provide it in advance to the monitor.
Afterward, the MCSO has to turn over extensive data to the monitor and the plaintiffs regarding what was done and who was stopped and arrested, among other things.
The MCSO's new court-appointed czar will review the massive amount of data that the MCSO now will have to collect on all its traffic stops, perform "audits, compliance reviews, and outcome assessments," and examine new policies and procedures insisted upon by the court.
Acting on behalf of Snow, the monitor will evaluate training materials, curriculum, and instructors for the extensive retraining of all MCSO deputies (including upper-echelon) and all posse members on the U.S. Constitution's Fourth Amendment prohibition against unreasonable search and seizure. And the monitor will evaluate "comprehensive and interdisciplinary training [for deputies and posse members] on bias-free policing."
Quarterly and annual reports will be submitted by the monitor to the court as a means of ensuring "the defendants' implementation of and compliance with this order," which will run "against the sheriff in his official capacity and the MCSO" until the Sheriff's Office has achieved and maintained full and effective compliance "for no less than three years."
The parties are supposed to agree on a monitor within 60 days. If they can't, they must submit names of candidates within 70 days.
How much will a monitor cost? According to a report issued in July by the Police Executive Research Forum -- a report submitted to the court by Casey -- the cost could be anywhere from $1 million to $2 million a year.