Joe Arpaio Appeals Judge Snow's Permanent Injunction in Melendres, No Formal Approval by Supervisors

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I'm guessing that members of the Maricopa County Board of Supervisors are familiar with the phrase, "no taxation without representation," but maybe they need a refresher course in what that Revolutionary War slogan means.

On Halloween, appropriately, Sheriff Joe Arpaio's lawyer Tim Casey filed a notice of appeal, challenging federal Judge G. Murray Snow's permanent injunction in the ACLU's big civil rights case Melendres v. Arpaio.

That final order from Snow included a laundry list of reforms and retraining mandates for the MCSO to implement over the next several years.

Additionally, Snow indicated that he would appoint an independent monitor by year's end to ensure that the MCSO abides by the permanent injunction.

The MCSO had signaled that it would appeal the injunction, but the question is, when did the Maricopa County Board of Supervisors discuss this appeal and approve it?

After all, the money to pay Casey's $1 million in attorney's fees, as well as to foot the bill for the estimated $7.3 million in legal fees being sought by the plaintiffs, has come and will continue to come from county taxpayers, specifically from a fund for outside counsel, which is part of the county's general fund.

County spokeswoman Cari Gerchick told me she didn't know how the appeal had been approved.

"The Board never took any formal action on the appeal," Gerchick wrote me via email. "I don't know how the decision was made."

County Supervisor Mary Rose Wilcox has been shut out of discussions and votes on a Melendres appeal by Maricopa County Attorney Bill Montgomery, a move she unsuccessfully challenged in superior court.

"They banned me from Melendres," Wilcox told me. "But I know there was an e-session [on Melendres]. Even with an e-session, you have to follow up with a public vote and we've had no public vote."

(An e-session, or executive session, takes place behind closed doors. Votes are not supposed to take place in e-session.)

"I would have seen it [if a public vote had been scheduled]," said Wilcox. "We would have seen people here protesting. So I don't think it's a legal way to approve it. The board has to approve an appeal. We still have to vote on it."

Wilcox stated that she believed Montgomery (the BOS's lawyer, natch) has been playing "fast and loose" with the rules when it comes to such approvals. She said she asked for a legal opinion on the issue from Montgomery about six months ago, but has so far received no response.


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85 comments
IdontRecall
IdontRecall

This RACIST CLOWN should b in federal prison and GIN JAN BREWSKY, ELMER HORNE, AND LAP DOG MONTY along with him, 4 possibly HARBORING A CRIMINAL, also d BOS, (except Mrs. Wilcox, of course). These kooks talk about d rule of law and that it should b applied 2 d full extent on criminals, but they hesitate when it comes 2 apply it 2 1 of them. This CORRUPT POS has admitted 2 "mispent" millions of dollars, has been found 2 b a RACIST, has violated d CONSTITUTIONAL RIGHTS OF US CITIZENS, ignored SEXUAL ASSAULT/RAPE CASES, people beign killed/died in his GULAGS and he's gotten away with it!!!!....when is that RULE OF LAW IS GONNA B APPLIED 2 THIS CRIMINAL???. FUCKING MASSIVE DICKHEAD.

Bob Rebsamen
Bob Rebsamen

Really, we have the City of Phoenix Pension Spiking at the tax payers expense, and this you call news!? YAWN!

Hector Joe Mora
Hector Joe Mora

Stupid ass, thinks he is above the law.Does he want to be another Hitler? I think so.

Cozz
Cozz topcommenter

Bozo Joe Arpaio sure does love flushing tax payer money down the toilet.

DNichols
DNichols

Sunday morning John Hook interviewd Arpaio I beleive on News Maker Sunday, Hook threw Arpaio what appeared to be baited, and rehersed questions, one was about Arpaio wanting Drones, Hook said that peoples first thoughts were that Arpaio would use the drones to hunt Mexicans, Arpaio responded: " That has never been what the program is about, uh, er, will be about." (a Froidial slip.)

Arpaio has been one of eight Agencies that have been flying hundreds of un-contitutional Disguised Spying Drones over "We the People" for over ten years now!

These Drones are disguised to hide in plain sight, as Phony Airliners, Fed Ex, and smaller private aircrafts such as Piper, Mooney, even retro 1950's fighter planes, they are large, and loud, all have high tech Thermal Cameras, and Laser listening to Cowardly veiw "We the People" right inside our American Homes!.

The F.A.A. has restricted airspace above Phoenix for years, and most every thing circling around above us now are spying Aircrafts.

These Spying Tyrants are now having to pretend to want drones because of the Spying Fallout, and they know what they have been doing is Anti American, Wrong, and un-constitutional!

Our founding Fathers would have lined up every Peeping Perverted Coward in these Drone/Helicopter Spying Programs in front of a Firing Squad, includingRacist Arpaio who already has used Drones to hunt Mexicans.

To: Liberty.

yourproductsucks2
yourproductsucks2 topcommenter

Rick Romley has proven to be a failure as county attorney. he endorsed Andrew Thomas as his successor and every one of his major cases are being overturned on appeal

IdontRecall
IdontRecall

What is more surprising is that people haven't learned from all d CLOWNS's bullshit. And d Mother fucker is going 2 continue 2 do that untill an AUDIT is conducted on MCSO; meanwhile he has all the jails's funds at his disposition and with nobody 2 who he has to respond 2...well....he already "mispent" some of those jail funds b4, what or who is going 2 stop him from doing it again.

As I said b4, without an AUDIT conducted, probably he already "allocated" some money from those jail's funds 2 appeal, that way he could say that he is going 2 pay from his pocket, thus he doesn't have 2 bother d BOS, and mainly, d taxpayers don't have to worry that their money is going 2 b used 4 that purposse,. Then, lo, D CLOWN SHURF is d hero 2 his rabid followers once again, fighting the open borders crowd & d Obama administration, that's tried 2 destroy him so many times.

Another thing that I noticed is that this appeal is coming soon after he was at that charity function where that dumb blonde that is running 4 governor.....what's her name.. Christine Jones, was singing or what ever and probably they met and since she is a CPA, perhaps she could've given d CLOWN some advice on probably how 2 "allocate" money 4 that appeal.

Better yet, I think that soon, probably there's going 2 b another death threat 2 his life with d consequent begging 4 mo' $$$$$s

tomsimpson790
tomsimpson790

Now we all know what Arpaio's problem is, he has a mental disease known as skin tone intolerance and there is no known cure for it, only solution is when they meet Jesus he gets to put them in that special flock of goats and sends them to that special place reserved for them for all eternity1

tomsimpson790
tomsimpson790

Down in Tucson, Arizona we have a imported black shock jock whom I listen to daily on 104.1 FM radio, he daily denigrates his own race, this always puzzled me I do think I have figured it out this strange thing of blacks joining the republican party the party of old white men, this black fellow James T. Harris is suffering from a condition as yet diagnosed by the medical community called a white man trapped in a black mans body!

royalphoenix
royalphoenix

Nickel bag is being controlled by suspect lawyers. Enough is enough. peace

bobunf
bobunf

Arpaio is a clown.  He provides entertainment for xenophobes, racists and other undesirables.


But he's an awfully expensive clown.

yourproductsucks2
yourproductsucks2 topcommenter

the right to appeal is universal and granted to all regardless of whether the decision to do so is supported by popular opinion or not.

your whining is meaningless. it is a constitutional right. to deny a defendant their constitutional rights begs to question one's allegiance to the constitution. the cost of democracy and fairness is often expensive yet necessary.

IdontRecall
IdontRecall

@Bob Rebsamen, this topic is about d CLOWN SHURF, U migh try to find that u r talking about in  another section...perhaps...?????

IdontRecall
IdontRecall

@Jon Crowley, WAKE UP DUDE!!!!. TOUCH DOWN!!!! R U STILL ASLEEP?????

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Thomas was a failure at being a CA, Montypoodle IS a failure at being a CA, and Arpaio is a failure at being a human!

66rock
66rock topcommenter

@yourproductsucks2   Universal right with someone else's money? It's not his money you know!!  Seems we should have more imput on this since it is our money but then again, where is the county board on this!  Are they as worthless as Arpaio?  

MaskedMagician1967
MaskedMagician1967 topcommenter

YPS2, on what basis is the Fetid Failure appealing?

From where I sit it appears that the old man has nothing to base an appeal on.

While you are correct in stating the right to appeal is universal, in some cases it's pointless. The odds aren't in the old man's favor.

TheyCallMeMrTibbs
TheyCallMeMrTibbs

@yourproductsucks2 "to deny a defendant their constitutional rights begs to question one's allegiance to the constitution" 

right. so why does Arpaio want to continue to violate the constitutional right of Latinos?


WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Can the Joker use YOUR paycheck to pay for it, as the funding has NOT been approved by the BOS!

Is the Joke trying to spend money ILLEGALLY again, as he did with the jail funds?

shadeaux14
shadeaux14

"to deny a defendant their constitutional rights begs to question one's allegiance to the constitution."

Joe's been doing this for years and now he wants to hide behind the constitution?????

What a fucking coward he is.

MaskedMagician1967
MaskedMagician1967 topcommenter

"and Arpaio is a failure at being a human!"

WhoKnows, is this even possible?

MaskedMagician1967
MaskedMagician1967 topcommenter

66, MontyPug has legally silenced MRW and the other 4 BOS members are equally as dim.

yourproductsucks2
yourproductsucks2 topcommenter

personal attack ad hominem isn't your normal play... hard alcohol night, Tommy?

danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967  actually anyone can appeal. even if they are guilty or innocent they do have the right to appeal, thats just the way the system is set up. it doesnt mean he will win an appeal, it just guarantees him the right to appeal. the big difference in making an appeal between Joe and you or I is who pays for the appeal and its subsequent loss and all the bills that will go with it. one thing people tend to forget with the law is that it is not a clear thing, its not black or white, its grey, the law is all in the interpretation of the wording. a guilty man can walk free and an innocent man can be jailed all based on how the law is interpreted. look at the whole deal with Brewer wanting to run for a 3rd term, to us it is clearly defined, but if she can find a lawyer who can interpret it differently and explain that well enough in a courtroom, she could possibly win the right for a third term. many of the laws we live with are not clearly worded to protect our rights, but being that way they can also be used to take our rights. if Joe can find a better lawyer than Casey, there is a chance he could win an appeal, but since Casey already failed miserably to convince the judge on his and Joe's interpretation of the law...........its unlikely he will a second time either. 

yourproductsucks2
yourproductsucks2 topcommenter

Jody arias violated Scott's constitutional rights when she killed him. she is still afforded rights of her own to defend herself.. Its going to be very expensive to allow her to exercise those rights and the burden regarding funding belongs to the citizens of Arizona. there is no difference

yourproductsucks2
yourproductsucks2 topcommenter

due process is granted to all. Its not cowardice to exercise your Costitutional rights. stop whining.

IdontRecall
IdontRecall

@yourproductsucks2, "I voted penzone, saba, saban,bearup.....so I'm with you", yeah right, and I voted 4 that worthless CLOWN, ha ha ha ha. DECEIVE MUCH, JUST LIKE POOP DADDY.

danzigsdaddy
danzigsdaddy topcommenter

@yourproductsucks2  Saban was my choice (I still think he would have been the best choice)

yourproductsucks2
yourproductsucks2 topcommenter

I voted penzone, saban, saban, bearup... so I'm with you.

66rock
66rock topcommenter

@yourproductsucks2   yes for sure, on that we agree.  Which is why I didn't vote for Joe last two times.   

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 This from the QUEEN of personal attacks!

Yippy, you are a real piece.....

MaskedMagician1967
MaskedMagician1967 topcommenter

I get that Zigs. I'm wondering what the dim old man is basing the appeal on.

MaskedMagician1967
MaskedMagician1967 topcommenter

YPS, see ARS 11-251.

The BOS has the authority to allocate funding for "all accounts legally chargeable to the County." They don't have to.

They are also legally responsible for the Fetid Failure.

Flyer9753
Flyer9753 topcommenter

@yourproductsucks2 

The case law does not say that the appeals have to be funded by any specific person(s). If case law states that, I am sure you can provide the specific case and the relevant sections of any related rulings.

The BOS is not obligated to fund the appeal, otherwise the funding would be automatic and would not require the BOS to vote on it.

There is nothing preventing Arpaio from funding it, which means if the BOS does not fund it, that leaves it to someone else, be it Arpaio or for that matter anyone else who gives Arpaio the money.

No one said they are REQUIRED to fund their own appeal, and nothing in the law states they cannot fund their own appeal.

"Didn't spend get item money" - what does that even mean????

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Yippy.  No, they do NOT have to fund it.  The legal entity in this case is the COUNTY, and NOT MCSO (mcso is only a department in the county), and NOT the Joke!  The COUNTY can say "NO, no appeal!".

At which time Joke will probably try to trump up charges against some of the supervisors - it worked so well for the clown last time.

It is EXACTLY the same reason the BOS can opt to settle cases involving MCSO out of court.


If the Joke want's to appeal, and the BOS doesn't give him money for it, he CAN appeal, using his own PERSONAL checkbook - so no one is being denied any "right"!

yourproductsucks2
yourproductsucks2 topcommenter

case law says otherwise. defendants are not required to fund their own appeals. Debra milke didnt spend get item money. neither did Jon doody

Flyer9753
Flyer9753 topcommenter

@danzigsdaddy @yourproductsucks2 

No it dosen't

Even if the BOS does not fund it, which is their right, Joe can still appeal, he would just have to pay for it himself.

The BOS is under ZERO requirement to fund it.

yourproductsucks2
yourproductsucks2 topcommenter

to not fund it is essentially taking his right to appeal away. case law sets precedence in cases such as this.

danzigsdaddy
danzigsdaddy topcommenter

@yourproductsucks2  when you say they have to, are you saying that because he already started to file it or is there another reason they would have to?

danzigsdaddy
danzigsdaddy topcommenter

@yourproductsucks2 if that is true (not saying it isnt) I just wonder what exactly the BOS can or can not do to start putting an end to this kind of stuff

yourproductsucks2
yourproductsucks2 topcommenter

I don't think the board of supervisors has a choice. I think they have to fund the appeal

danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967  nobody can refuse him his appeal, we can just refuse to pay for it (and thats up to the BOS to do that, and hopefully they will finally take a stand this time)

Flyer9753
Flyer9753 topcommenter

@MaskedMagician1967

"JAFfy has shown he is NOT intelligent. He spews bullshit and expects people to eat it up."

Agreed, never said he/she/it was - that could be the unstable personality

"YPS may be a good orator but he/she does present facts and does so without threatening injury or death and without libeling NT readers."

Agreed on most of that - several of YPS's 'facts' however have been 100% bullshit as well... point in case the posts below saying the BOS has to fund an appeal

"IDK if YPS is an LEO but it seems he/she does seem knowledgeable about MCSO and he/she does seem to dislike the Fetid Failure."

I'm sure the janitor at MCSO knows a lot about MCSO too

MaskedMagician1967
MaskedMagician1967 topcommenter

Flyer, JAFfy has shown he is NOT intelligent. He spews bullshit and expects people to eat it up.

JAFfy and YPS are NOT the same person. I know that for fact.

At one point I called YPS Rachel Alexander since he/she seems to not know the law.

YPS may be a good orator but he/she does present facts and does so without threatening injury or death and without libeling NT readers.

IDK if YPS is an LEO but it seems he/she does seem knowledgeable about MCSO and he/she does seem to dislike the Fetid Failure.

Flyer9753
Flyer9753 topcommenter

@MaskedMagician1967

A lot of people with MPD (multiple personality disorder) are quite intelligent. It's also been shown in many cases where one personality is 'unstable' and another is not.

As to whether or not Yippy and JAFfy are the same person.. don't know but it is possible. I doubt it but I have to admit it's possible.

Yippy is not a lawyer, they have quoted the letter of the law wrong on too many counts to be a lawyer. 

Is Yippy for the most part a good debater, yes, but that is all Yippy is, a debater who wants the debate for the purpose of the debate, not for the purpose of truth or facts.. i.e. a great person to have on a high school debate team as you learn how to debate, but not the best person for the actual debate, since they don't really care about the topic, just the debate.

Yippy is also not an LEO or former LEO, at least not until they say what departments they do or have worked for, something that Yippy patently refuses to do even though they have claimed in the past to either have been or currently are an LEO.

MaskedMagician1967
MaskedMagician1967 topcommenter

You mean JAFfy could be YPS and have multiple personality disorder?

I'm not sure about that Flyer.

JAFfy appears to be mentally unstable (I'm not a doctor). YPS appears to be someone who, while we disagree with him/her, is more sane than JAF. I suspect that YPS may be a lawyer (I have no confirmation on this)

Flyer9753
Flyer9753 topcommenter

@MaskedMagician1967 

Agreed MM, but I would not be surprised if it was the same person and is 'playing' different persona's that way.

Either way, they are both pathetic little trolls.

MaskedMagician1967
MaskedMagician1967 topcommenter

Flyer, there is one major difference.

YPS has never threatened to injure, kill or libel anyone. JAFfy has.

WhoKnows
WhoKnows topcommenter

@Flyer9753 @WhoKnows @yourproductsucks2

The stupidity and blind faith of the Joker is the same!  I think he's fooled a bunch of people here - that's how Jaffy gets his kicks...

I think he's also "Eleanor", BTW!

WhoKnows
WhoKnows topcommenter

@Flyer9753 @WhoKnows @yourproductsucks2 


Yippy pumps gas in Fresno.  That is why he's a good one to be attached to MCSO for folks that haven't caught on!!


You notice his ONLY fan, Eleanor, has now gone MIA?

Flyer9753
Flyer9753 topcommenter

@WhoKnows @yourproductsucks2

"Can you explain how MCSO gave you a job when you have often proved HERE you don't understand either the LAW or ETHICS?

Oh wait!   That makes you a PRIME MCSO candidate!"

I doubt YPS works for MCSO, not even they are so desperate as to hire someone like YPS.

Until YPS says who they work or worked for, I don't believe that they have ever worked for an LEA, ever.

And of course, YPS refuses repeatedly to state what LEA they have or currently work for.. just like a typical wannabe, YPS avoids the question and runs away rather than answer it.

YPS is just a lonely wannabe who has watched a few too many episodes of Reno 911

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Can you explain how MCSO gave you a job when you have often proved HERE you don't understand either the LAW or ETHICS?

Oh wait!   That makes you a PRIME MCSO candidate!

yourproductsucks2
yourproductsucks2 topcommenter

can you explain what you are trying to say and how it applies?

TheyCallMeMrTibbs
TheyCallMeMrTibbs

@yourproductsucks2 

YPS is correct. There is no difference between Arpaio and Arias.

Both are sick.

Both are guilty.

Both are leeches on society.

I think Arpaio should be in the same place Arias is: Jail.

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 The Joke defended himself in this case, and ALSO destroyed evidence he was court ordered to hold on to!  Did you miss that FACT yippy?

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Since= "SIGN", and "YOU"="YOUR"

Dang spell correct!  I "Yippy" as "spell correct" giving me the wrong word!

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Since over YOU paycheck for this yippy!  The money for it has NOT been approved by the BOS, as it LEGALLY has to!

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