Federal judge refers Sheriff Joe Arpaio for criminal contempt
6:18 p.m. MST August 19, 2016
A federal judge said Friday that he will refer Maricopa County Sheriff Joe Arpaio to the U.S. Attorney’s Office to be charged with criminal contempt of court.
The decision comes after U.S. District Judge G. Murray Snow found that Arpaio intentionally violated various orders rooted in an 8-year-old racial-profiling case.
The ruling additionally refers Chief Deputy Jerry Sheridan, Arpaio's former defense attorney Michele Iafrate, and Capt. Steve Bailey for criminal contempt prosecution as well.
"Criminal contempt serves to vindicate the Court's authority by punishing the intentional disregard for that authority," Snow wrote in his Friday order.
Snow’s decision, announced in a federal court filing, answers the key question looming over what has been more than a year of contempt proceedings: Was the disregard of orders a criminal or civil contempt-of-court violation?
But it creates a whole new set of legal questions for the embattled lawman.
- Will the U.S. Attorney’s Office accept the recommendation?
- What will the charge be?
- If Arpaio is found guilty, will a conviction legally force him to resign?
- Could Arpaio end up behind bars?
- Will Snow's decision affect his odds for a seventh term?
Reached for comment Friday evening, Arpaio said he hadn’t yet read the order but that it was being reviewed by his attorneys.
“We’re moving forward, we’re doing our job,” he said. “There’ll be aggressive appeals.”
Arpaio said he was looking forward to an “independent review,” clarifying that he meant a review by the U.S. Attorney’s Office.
Civil-rights advocates, many who have attended courtroom hearings or protested outside of them for years, are celebrating what they see as a step toward what they have demanded for years: to hold Arpaio and his aides criminally responsible for his office’s racial profiling of Latinos.
But former U.S. Attorney Paul Charlton said there are few cases to look to for precedent. In a July interview, Charlton said he couldn’t think of another instance in which a federal judge had referred the head of a law-enforcement agency for criminal contempt.
“Fortunately in this country, it doesn’t happen,” Charlton said. “All of this is going to be relatively new in the U.S. Attorney’s Office.”
John Leonardo is the U.S. attorney for Arizona.