9th Circuit Upholds Monitor’s Power in Maricopa County Racial Profiling Case

The Ninth Circuit Court upheld a federal judge’s decision to grant a court-appointed monitor increased authority in a long-standing class action lawsuit addressing racial profiling by the Maricopa County Sheriff’s Office. This ruling was issued on Monday and is part of a nearly two-decade legal battle.

U.S. District Judge G. Murray Snow previously found that former Sheriff Joe Arpaio enforced racially biased practices, particularly through controversial “immigration sweeps” that disproportionately targeted Latino individuals. In response, Judge Snow’s latest order enables a third-party monitor to manage the intake and routing of complaints regarding misconduct, addressing a significant backlog of investigations.

The court’s three-judge panel released a 31-page opinion that dismissed the sheriff’s claims that this increased authority contradicted the U.S. Constitution’s separation of powers. The arguments were based on Civil Rules of Procedure 53 and 65, which limit the powers of court-appointed monitors to advisory roles. However, the panel determined that Snow’s actions were within his “inherent equitable powers” and not solely dictated by Rule 53.

Judge Clifford Wallace, writing for the panel, clarified that the earlier orders did not invoke Rule 53, and thus its limitations were irrelevant. He noted, “Rule 53 does not apply to the third order for several reasons.” According to the judges, a monitor has broader authority than a special master, who performs only quasi-judicial functions.

The backdrop to this ruling includes a November 2022 order where Snow found Sheriff Paul Penzone in civil contempt due to inadequate efforts in resolving a considerable backlog of complaints from Arpaio’s tenure. While Penzone succeeded Arpaio in 2017 and aimed to streamline investigations, over 2,000 complaints, encompassing serious allegations including violence, remained unresolved by 2023.

The monitor, Robert Warshaw, was appointed by Judge Snow in 2013 to ensure compliance with court orders. Warshaw, with extensive experience including serving as chief of the Rochester Police Department, was initially recommended by the American Civil Liberties Union of Arizona.

Despite more than a decade of monitoring, progress has been limited, leading Snow to consider imposing stricter penalties. The current sheriff, Russ Skinner, has contested the extent of Warshaw’s role, arguing for a shift from decision-making to mere consultative functions, but the panel remained unswayed.

The judges acknowledged that any decisions made by the monitor are subject to judicial review, countering claims of separation of powers violations. They also found that the supplemental injunction terms were clear enough to avoid unintentional noncompliance, further supporting the judge’s authority.

U.S. Circuit Judges Susan Graber and Marsha Berzon, both appointed by Bill Clinton, concurred in the ruling. Neither Sheriff Skinner nor representatives from the ACLU provided comments following the decision, and the Department of Justice declined to comment as well.