Federal Judge Proposes Sanctions to Clear Arizona Sheriff Misconduct Backlog

A federal judge is contemplating severe sanctions against the Maricopa County Sheriff’s Office if it fails to address a substantial backlog of misconduct complaints dating back to former Sheriff Joe Arpaio’s tenure.

The backlog, consisting of over 1,400 unresolved complaints, has sustained a nearly two-decade-old class action lawsuit stemming from discriminatory “immigration sweeps” that disproportionately targeted Latinos. These policies were ruled unconstitutional in 2011, but Arpaio was found in criminal contempt in 2017 for continuing their enforcement.

Despite two sheriffs succeeding Arpaio, the issue remains unresolved. The American Civil Liberties Union (ACLU), representing the plaintiffs, alongside the sheriff’s office and the U.S. Department of Justice, proposed two potential solutions earlier this month. However, U.S. District Judge G. Murray Snow suggested an alternative approach during a federal courthouse session in Phoenix on Friday.

Judge Snow rejected proposals to hire 10 additional investigators and to double the monthly investigation closure rate. Instead, he intends to impose specific reduction targets for the backlog, with requirements increasing monthly until the backlog is eradicated. Snow emphasized that this approach would allow staffing decisions to be driven by actual needs rather than a court order. “I’m not inclined to order 10 new staff when what is actually needed might be 40 more staff,” he stated.

Both sides have one week to review and suggest changes to Snow’s draft order. Sheriff’s office attorney Mary O’Grady mentioned that to meet the goal of eliminating the backlog by March 31, 2026, the office would need to clear an average of 63 cases per month. This would have to be done without adding new cases to the backlog. Snow proposed starting with a smaller target, such as 35 cases per month, and gradually increasing until reaching the 63-case monthly target.

To ensure compliance, Judge Snow outlined financial penalties. For each month the sheriff’s office misses its reduction goal, it will be required to deposit double an investigator’s annual salary into a dedicated fund for hiring additional investigators.

U.S. Attorney Suraj Kumar expressed skepticism about the necessity for sanctions, noting the sheriff’s office’s commitment to resolving the backlog. Snow responded, “I’ll just call it money that’s clearly required to complete the backlog, based on your failure to resolve it in a way that’s reasonable.”

In response to a previous order requiring investigations to be concluded within 85 days, the defendants requested a restoration to the state-mandated 180-day window, aiming to reduce the number of backlogged cases. While ACLU attorney Sebrina Shaw argued that this change would merely be cosmetic and not improve the rate of investigations, Snow indicated he is inclined to grant the request, as it would reduce the backlog by approximately 23 cases per month.

Judge Snow is expected to make a final ruling shortly after August 5. Shaw declined to provide a copy of the draft order.