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Amid His Re-Election, Anti-Immigrant Sheriff Arpaio Slapped With Criminal Charges

Maricopa County Sheriff Joe Arpaio was officially charged Tuesday with criminal contempt of court when a federal judge affixed her signature, a formality that throws the lawman’s political and personal future into a level of crisis never before seen in his 23 years in office.

Maricopa County Sheriff Joe Arpaio was officially charged Tuesday with criminal contempt of court when a federal judge affixed her signature, a formality that throws the lawman’s political and personal future into a level of crisis never before seen in his 23 years in office.

 

Criminal-contempt charges have loomed over Arpaio since 2015. A criminal trial was the worst-case scenario for the sheriff after he admitted to violating a federal judge’s order to stop enforcing civil immigration laws.

 

U.S. District Court Judge Susan Bolton's order was signed two weeks before the general election, in which Arpaio is running for his seventh term.

 

A trial is set for Dec. 6 in U.S. District Court in Phoenix. If he’s convicted, the 84-year-old sheriff could face up to six months in jail.

 

While symbolic, the order does little to illuminate the case's potential outcomes.

 

It remains unclear whether the charge against Arpaio is a misdemeanor or felony. If convicted of a felony, under state law, the sheriff would have to resign his office, which could cost the sheriff his job even if he is re-elected.

 

Defense attorney Mel McDonald said Bolton’s order was disappointing, but expected.

 

“We plan on vigorously contesting each and every one of the allegations in the order to show cause,” he said.

 

The threat of criminal prosecution became increasingly inevitable after a prolonged series of hearings last year. A federal judge’s finding of civil contempt came in May 2016, followed by his referral for criminal prosecution in August, followed by the U.S. Department of Justice’s announcement on Oct. 11 that its attorneys would, in fact, prosecute Arpaio. A proposed order initially was submitted by prosecutors Oct. 17.

Caroline Cournoyer is GOVERNING's senior web editor.
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