Taco Rubio

WHY DID YOU ONLY LEARN THIS AFTER MY TRIAL?

Aimee Weber

Contempt Case Heard Against Detention Officers - Phoenix News Story - KPHO Phoenix

I'm going to keep my eye on this one and update yall when things change.

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"I asked the Ouija Board about the ideomotor effect, but it just told me to f*ck off."

Aimee Weber

The guy was held in contempt of court. Judge says he has to hold a press conference and apologize or he will go to jail. And there's a twist ... Arpaio (you know ... the guy who RUNS the jails) isn't going to let the press conference happen.

Moral of the story ... don't go to Arizona.

MCSO officer who took lawyer's paperwork might go to jail - Phoenix Arizona news, breaking news, local news, weather radar, traffic from ABC15 News | ABC15.com

Tess Whitcroft

Well, we now know who the real law is in Arizona...

Tess

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Aimee Weber

A bit of a catch 22 if this officer want's to hold the press conference but is not permitted to by Arpaio. What exactly can a judge do when the local law enforcement simply refuses to carry out the law?

Tess Whitcroft

Order local law enforcement to arrest local law enforcement for contempt of court and toss local law enforcement into local law enforcement's local jail?



Tess

Trout Recreant

I would have him jailed in the next jurisdiction over until he changes his mind about the press conference. Sheriff's do not get to decide whether to ignore court orders or not. You can call in prosecutors from other counties when there is a conflict of interest with yours. I don't think a judge can reasonably ask Maricopa sheriff's deputies to arrest the Maricopa County sheriff.

Sooz Pascale

I would have the state attorney general issue a warrant for arrest for contempt of court. There are state police officers in AZ who can carry out the arrest. You are quite correct, the sherriff does NOT get to decide which court orders are to be obeyed or flouted.

Sooz

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Trout Recreant

Going through the AG's office is a better route. I don't think there is a jurisdictional issue with a Superior Court judge issuing an order to the state AG, is there? I've never been involved in a situation where a sheriff or a deputy has just completely flaunted a court order. The writs I usually have issued to them are so basic that they just execute them without question. It's one of those procedural WTF situations where the judge probably has to step back and figure out exactly how to accomplish what needs to be accomplished.

There is no doubt in my mind, however, that the sheriff needs to be held in contempt and jailed until he decides to amend his ways. His public comments alone necessitate that. Otherwise it's open season for public officials to do whatever they want without there being any legal consequences.

Jerboa Haystack

Ok...so how does this work then?

You are ordered by the court to take an action. Your boss says no. Can the boss really be held in contempt? Or are you basically faced with the choice of go to jail or lose your job to avoid it.

Because it sounds to me that's what Arpaio is doing. And the poor baliff gets to choose: quit and hold the press conference, or go to jail (and probably be fired after).

Or does the bailiff have to go back to court to seek an injunction against Arpaio to be allowed to hold his press conference?

Gah! This is why I'm not a lawyer!

Sooz Pascale

If the deputy fails to follow the court order without good reason, he is in contempt. With the sherriff's statement he PROBABLY has a good reason. He should have an attorney go before the judge and request a continuance [a postponement] of the date of compliance until the issue with the sherrif is resolved. In the mean time, the judge should issue an order to the sherriff to stop advising his employees to flout lawful court orders and to permit the deputy to comply w/o threat of firing or other punitive action. In other words, "You are hereby ordered to STFU on this issue". If the sherriff dispobeys then he IS in direct violation of a court order and the judge should proceed accordingly.

Also, if the deputy complies and gets fired, he has a REALLY good wrongful termination case against the County.

Sooz

Phant Nabob

Boyo is that whole mess going to be something to see when the Feds wrap up the investigation phase of their looking into Joe and move things forward...

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