The six-term sheriff of metro Phoenix has been found in contempt of court for disobeying a federal judge's orders in a racial profiling case, bringing the lawman who calls himself "America's Toughest Sheriff" a step closer to a possible criminal contempt case that could expose him to fines and even jail time.
Yesterday's ruling marked one of the biggest legal defeats in long career of Sheriff Joe Arpaio, who is known for cracking down on illegal immigration, and was expected to lead to greater court oversight of his office.
US District Judge Murray Snow set a May 31 hearing for attorneys to discuss penalties. Shortly thereafter, Snow said he will issue an order on remedies and whether he will refer the case for criminal contempt.
Arpaio, a month away from turning 84, is running for re-election for the job he's held since 1993. Dan Saban, a former police chief in suburban Buckeye who ran unsuccessfully against Arpaio in 2004 and 2008 and is in the race again, said yesterday that it was time for the longtime sheriff to resign.
The civil contempt finding doesn't disqualify Arpaio from holding office. It's unclear whether a criminal contempt finding would prevent him from serving as sheriff.
A felony contempt conviction would force him from office, but the judge has the option of recommending either a misdemeanor or felony contempt case.
Arpaio and three of his top aides "have demonstrated a persistent disregard for the orders of this court, as well as an intention to violate and manipulate the laws and policies regulating their conduct," Snow wrote in his 162-page finding of facts ruling.
"We have begun our reading and analysis of this lengthy document, and expect to file a responsive memorandum," attorneys for the sheriff's office said in a statement late yesterday afternoon.
"Despite disagreeing with some of the court's findings, the Maricopa County Sheriff's Office will continue to work with the court-appointed monitor, the ACLU and plaintiffs to comply with the court's orders, as it has since January 2014.
