Arpaio, who has been sheriff of the Phoenix-area Maricopa County for decades, was previously found to have a “persistent disregard” for orders of the court telling him to work against racial profiling by his officers.
Advertisement
“Sheriff Arpaio and Chief Deputy Sheridan have a history of obfuscation and subversion of this Court’s orders that is as old as this case and did not stop after they themselves became the subjects of civil contempt”, Judge Snow wrote.
If the U.S. Attorney’s office declines to prosecute, the new judge overseeing the case can choose to appoint an independent prosecutor.
The sheriff’s lawyer Mel McDonald said he was disappointed by the referral, but would fight it.
He also cited Arpaio for failing to disclose documents and preserve records in the case, as ordered.
Arpaio faces possible criminal charges for defying a judge’s order to stop patrols targeting people in Arizona illegally. But Snow denied a request from Arpaio’s foes to require the sheriff to pull $300,000 out of his own pocket to help fund the system.
In his latest ruling, Snow also wants another judge to determine whether Sheridan, sheriff’s Capt. Steve Bailey and former Arpaio attorney Michele Iafrate should be held in criminal contempt over their failure to disclose the discovery of almost 1,500 IDs that were in the possession of one officer. That practice continued for 18 months after the judge ordered it halted, Snow said.
The recommendation stems from the judge’s finding that Arpaio deliberately ignored his orders to end racial profiling of Latinos by MCSO deputies.
The sheriff of metro Phoenix is in his toughest race in his 23 years in office.
Advertisement
He voluntarily gave up his last major foothold in immigration enforcement in January 2015 after the courts and federal government gradually reined in his powers.
