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In a Tuesday
filing with the 9th U.S. Circuit Court of Appeals, Arpaio, the
sheriff of Maricopa County, and two of his top officers said
U.S. District Judge Murray Snow in Phoenix overstepped his
authority in holding them in contempt for violating court orders
stemming from a 2007 racial profiling case.
Arpaio also said the judge went too far by ordering
"extraordinarily intrusive" reforms to his office's internal
affairs operations and the reopening of closed cases.
Snow should also be disqualified for making repeated improper
communications and creating an appearance of bias, including
that he "hated" Arpaio, the sheriff said.
The case centers on allegations that Arpaio's office failed to
comply with court orders meant to curb alleged racial profiling
of Latino drivers stemming from the sheriff's immigration
patrols.
Plaintiffs have until Jan. 23 to respond to Arpaio's filing. The
U.S. Department of Justice has joined the appeals process on the
plaintiffs' side.
In October, a different federal judge ordered Arpaio to stand
trial for criminal contempt. A trial in that case is scheduled
for April 4.
Arpaio, 84, a Republican who has proclaimed himself "America's
toughest sheriff," will end his 24-year tenure on Sunday, after
losing his reelection bid to former Phoenix police officer Paul
Penzone, a Democrat, in November.
The civil appeal is Ortega et al v Arpaio et al, 9th U.S.
Circuit Court of Appeals, No. 16-16663. The criminal contempt
case is U.S. v. Arpaio et al, U.S. District Court, District of
Arizona, No. 16-cr-01012.
(Reporting by Jonathan Stempel in New York; Editing by Leslie
Adler)
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