aGameOfThrones
10-02-2013, 11:12 PM
PHOENIX (AP) — A federal judge on Wednesday ordered the appointment of an independent monitor and a community advisory board to ensure that an Arizona sheriff is complying with constitutional requirements after finding his office engages in racial profiling.
U.S. District Judge Murray Snow found in May that the Maricopa County Sheriff's Office and Sheriff Joe Arpaio singled out Latinos and deputies unreasonably prolonged detentions.
In his ruling Wednesday, Snow ordered that a monitor be appointed to oversee the agency's re-training of deputies and ensure the office is complying with constitutional requirements. Snow also ordered the creation of a community advisory board aimed at helping restore the public's confidence, among other remedies.
"In conducting its activities, MCSO shall ensure that members of the public receive equal protection of the law, without discriminating based on actual or perceived race or ethnicity, and in a manner that promotes public confidence," Snow wrote.
The American Civil Liberties Union, which is working on behalf of the plaintiffs, hailed the ruling as a victory.
"Today's order is really going to put some sunlight into the corners of the MCSO that have been such a problem in terms of people's civil rights. It's a great day," said ACLU lawyer Cecillia Wang.
Arpaio's office had vehemently opposed the appointment of a monitor, arguing it would mean every one of his policy decisions would have to be cleared through the observer and would nullify his authority.
"I have received a copy of the court order and I am in the process of discussing it with our attorneys," Arpaio said in a statement. "We are identifying areas that are ripe for appeal. To be clear, the appointed monitor will have no veto authority over my duties or operations. "
Arpaio's lawyer, Tim Casey, said he was still reviewing the 59-page order, but noted he was "pleased with its very moderate sensible tone."
"The sheriff is still in exclusive charge of the MCSO," Casey said, adding their concern all along was that the monitor would have too much authority.
"The monitor cannot tell us what to do or not to do," Casey said, referring to the monitor's role in the ruling as overseeing training and procedures, among other things. "The court will make the ultimate decision on whether or not the MCSO is in compliance with its order, and we're very pleased with that."
The judge's order also mandates that the sheriff's office install audio and video recording devices in patrol vehicles and requires deputies to notify dispatch of the reason they are making a traffic stop prior to contacting the vehicle's driver "unless exigent circumstances make it unsafe or impracticable."
Arpaio's attorneys had resisted the latter, telling the judge such an added measure would be burdensome and risky for deputies.
"That's an area that we remain concerned about," Casey said Wednesday.
However, he added, the "exigent circumstances exception might help solve that problem."
http://news.yahoo.com/judge-orders-monitor-ariz-sheriff-profile-case-195609726.html
U.S. District Judge Murray Snow found in May that the Maricopa County Sheriff's Office and Sheriff Joe Arpaio singled out Latinos and deputies unreasonably prolonged detentions.
In his ruling Wednesday, Snow ordered that a monitor be appointed to oversee the agency's re-training of deputies and ensure the office is complying with constitutional requirements. Snow also ordered the creation of a community advisory board aimed at helping restore the public's confidence, among other remedies.
"In conducting its activities, MCSO shall ensure that members of the public receive equal protection of the law, without discriminating based on actual or perceived race or ethnicity, and in a manner that promotes public confidence," Snow wrote.
The American Civil Liberties Union, which is working on behalf of the plaintiffs, hailed the ruling as a victory.
"Today's order is really going to put some sunlight into the corners of the MCSO that have been such a problem in terms of people's civil rights. It's a great day," said ACLU lawyer Cecillia Wang.
Arpaio's office had vehemently opposed the appointment of a monitor, arguing it would mean every one of his policy decisions would have to be cleared through the observer and would nullify his authority.
"I have received a copy of the court order and I am in the process of discussing it with our attorneys," Arpaio said in a statement. "We are identifying areas that are ripe for appeal. To be clear, the appointed monitor will have no veto authority over my duties or operations. "
Arpaio's lawyer, Tim Casey, said he was still reviewing the 59-page order, but noted he was "pleased with its very moderate sensible tone."
"The sheriff is still in exclusive charge of the MCSO," Casey said, adding their concern all along was that the monitor would have too much authority.
"The monitor cannot tell us what to do or not to do," Casey said, referring to the monitor's role in the ruling as overseeing training and procedures, among other things. "The court will make the ultimate decision on whether or not the MCSO is in compliance with its order, and we're very pleased with that."
The judge's order also mandates that the sheriff's office install audio and video recording devices in patrol vehicles and requires deputies to notify dispatch of the reason they are making a traffic stop prior to contacting the vehicle's driver "unless exigent circumstances make it unsafe or impracticable."
Arpaio's attorneys had resisted the latter, telling the judge such an added measure would be burdensome and risky for deputies.
"That's an area that we remain concerned about," Casey said Wednesday.
However, he added, the "exigent circumstances exception might help solve that problem."
http://news.yahoo.com/judge-orders-monitor-ariz-sheriff-profile-case-195609726.html