A group supporting metropolitan Phoenix's sheriff demanded Wednesday that organizers of an effort to recall the lawman immediately end their campaign, and vowed to go to court to stop them.
Citizens To Protect Fair Election Results contends the recall effort against Maricopa County Sheriff Joe Arpaio is unconstitutional and intended to harass him and prevent him from carrying out his duties. Recall organizers say the self-proclaimed toughest sheriff in America should be ousted, in part, because his office failed to adequately investigate more than 400 sex-crimes cases. They also allege Arpaio's office put immigration enforcement above other law enforcement priorities.
Arpaio supporters say the sheriff who is known for immigration enforcement and housing jail inmates in canvas tents won a sixth term in November fair and square and that recall organizers shouldn't be allowed to contest the election simply because they don't like the outcome.
Larry Klayman, a lawyer representing the pro-Arpaio group, said that if the recall effort continues, his group will file legal action against its organizers alleging they violated the free speech, equal protection and due process rights of the majority of county voters who re-elected the sheriff.
"There are no valid reasons for this recall petition," Klayman said. "Nothing happened between the day of the election, the swearing-in of Sheriff Arpaio and this recall petition."
The group called a news conference Wednesday to publicize a cease-and-desist letter it sent to recall organizers.
Arpaio isn't affiliated with Citizens To Protect Fair Election Results but agrees that there's no valid reason for the recall effort, sheriff's spokeswoman Lisa Allen said.
"Sheriff Arpaio also believes there may be need for a legal clarification on whether any elected official, regardless of party, can be recalled only days after a general election," Allen said.
Arpaio faced his second-tightest election in November, beating the closest candidate by 6 percentage points. Arpaio critics tried to turn the sheriff's themes of unceasingly cracking down on crime and illegal immigration against him. In late 2011, his critics said they decided against pursuing a recall effort and instead would leave the matter to voters to decide.
Recall organizers face a May 30 deadline for handing in valid petition signatures from more than 335,000 voters in the county. If they succeed in securing a recall election, the earliest that race could be put on the ballot is November. Organizers say they have gathered at least 50,000 signatures so far.
William Fisher, a lawyer leading the group seeking the recall, said Arpaio denied voters the chance to justify his positions on critical issues when he refused to take part in any debates during last fall's campaign. Fisher rejected the criticism that the sheriff's critics have sour grapes.
"Then why have a recall statute in the state of Arizona?" Fisher said.
In arguing the recall effort was unconstitutional, Klayman cited a section of the Arizona Constitution that prohibits the circulation of recall petitions against an official until he or she has held office for six months.
Fisher countered in an interview with The Associated Press that a section of state law specifies the six-month period doesn't apply to incumbents.
David Gartner, an Arizona State University professor who teaches constitutional law, agreed with that assessment.
"I interpret that language (of the state law) to mean that someone who has been re-elected to the same office isn't subject to the six-month delay in terms of the possibility of a recall effort," Gartner said.
In 2011, immigrant rights advocates succeeded in their effort to oust then-Arizona Senate President Russell Pearce, an Arpaio ally who was the driving force behind the state's contentious 2010 immigration law.
Fisher said his group is separate from the organization that pursued Pearce's recall, but he has talked one of its top organizers in his group's effort to oust Arpaio.
Arpaio's office reopened more than 400 of its sex-crime cases countywide for a three-year period after finding they were inadequately investigated or not examined at all. An internal affairs report released last week attributed the failures to understaffing and mismanagement and didn't find any single person was responsible for the botched cases.
Arpaio apologized in December 2011 for the bungled cases, and his office has since said it has moved to clear up the cases and taken steps to prevent the problem from happening again.
Ateam1 posted at 7:52 am on Sun, Feb 24, 2013.
azconan: You Missed one, We are laughing at you Too!
Accuracy posted at 11:55 am on Fri, Feb 22, 2013.
retired03 insinuated that 50 percent of Maricopa County are now against Sheriff “Joe" Arpaio.
The 50 percent of the entire 3,817,117 Maricopa County’s population?
Or, the 50 percent of the 1,109,118 votes in the 2012 Maricopa County Sheriff’s election?
Democrat Paul Penzona got only 44 percent of the votes in November.
retired03….Your 50 percent guest (made without facts) is way off.
retired03 posted at 8:40 am on Fri, Feb 22, 2013.
mesa teacher I will spot you national and international support. But why is nearly 50 percent of maricopa county against him? Could it be because they know him and are getting tired of him and his national and international exposure? And make no mistake, some of that nearly 50 percent used to be joe supporters nut now realize what he is about. It means little to us in M.C that he has friends in high places outside AZ. I could care less and it means nothing to me. That's like a U.S. senator from AZ spending most of his time Oklahoma. I am more interested in what he will do here. People from other states hear stories of his pink underwear and illegal immgration enforcement, his tanks, his posse etc and just think he is so wonderful They don't hear about the darker side, the failure to investigate, excessive lawsuits costing us money, mismanagement of the budget and so on. his time has come and gone, a long time ago. time for him to leave his throne
retired03 posted at 8:29 am on Fri, Feb 22, 2013.
how do you mismanage 400 sex crimes cases in 3 years? Thats aimost 3 cases a day. Most departments might mismanage one every five years and you try and tell me that there is not one person responsible? Well, you can start with the sheriff who is obsessed with pink underwear and illegal immigration. It filters down through your organization. Your department, or private business ALWAYS reflects the philosophy of your CEO or in this case, sheriff. The public buys his bull ---- story and his rantings and therefore he gets voted back in. The problem is nobody with enough reputation has come along to oust him. That is, nobody who has made himself into a TV star and bought friends in high places like joe.
I wonder if all of the victims of the sex crimes from botched rape investigations that allowed the suspect to go free to rape again, maybe even the same victim, to weeny waggers, will accept his apology. There are no apologies in law enforcement. You either do or don't do. King joe did not.
Deddzone posted at 7:31 am on Fri, Feb 22, 2013.
The way I see it, I'd rather people who are coming from another country to better themselves and work hard to do so---than an individual who is so hateful to an entire race of people by calling them sub-human, disease ridden and criminal.
Hate and prejudice is very ugly and it seems to be the ONLY thing that has Arpaio's support. Shameful.
k33j88 posted at 6:25 am on Fri, Feb 22, 2013.
Sheriff J. Arpiao has my support, always has, always will.
k33j88 posted at 6:23 am on Fri, Feb 22, 2013.
Former president Reagan's 1986 immigration reform package was an admitted mistake. Millions of un loyal, disease-ridden, criminal element streamed across our southern border. If this compassionate, immigration reform bill passes, more of the same second-class sub-humans will do it again. Lets call it what it really is folks-----AMNESTY!
Deddzone posted at 8:39 pm on Thu, Feb 21, 2013.
Gr8dad, that's a real classy post. Knocking those "kids unwilling to be educated", all while not forming one complete sentence.
I suspect the hyper-over-reaction of the uber rightwing Tea Party has far less to do with improving eduction and saving tax money. It has to do with the increase in the number of voters with a skin color and culture you don't like. They are not all illegal, as they voted in Obama in the last election and no amount of kicking and screaming is going to make them magically "go back to mex". Good lord!
Deddzone posted at 8:33 pm on Thu, Feb 21, 2013.
I use to vote for Joe. Now I think he's lost his mind and his followers are crazy people who think anyone not lilly white does not belong in AZ. Tough!
I wasn't planning on signing this recall. But thanks to the birther-Tea Party nuts I might just sign this thing and be DONE with Joe. Look folks, he's not going to live forever, wastes tons of tax money and does NOT do his job.
downtownresident posted at 8:33 pm on Thu, Feb 21, 2013.
gr8dad ,
You are a psychotic, bigoted racist. And you are disgusting.
We're 48th in education because the radical conservatives who run the state don't want to spend white money to educate brown folk.
DISGUSTING, DISGUSTING, DISGUSTING, DISGUSTING, DISGUSTING, DISGUSTING, DISGUSTING, DISGUSTING, DISGUSTING, DISGUSTING,
gr8dad posted at 6:42 pm on Thu, Feb 21, 2013.
yo nodo the reason we're 48th in education is because of ALL the mexo kids unwilling to be educated....further more 55% of all mexo girls give birth right around graduation time to qualify for AHCCCS. its no surprise latinos are taking advantage of our system...youd think one just ONE of you illegal idiots would go back to mex and try to make it a better country...so staple it shut...
mesateacher posted at 6:25 pm on Thu, Feb 21, 2013.
"The trouble with the supporters of Sheriff Joe is theyre as racist as he is. "
The problem with anti-Joe clods is that they spew things like this. I support Joe, and no one can call be a racist. Has Joe made mistakes? Sure. But he's got support nationally and internationally - not because he's a racist, but because he believes in law and order. Libs just don't get it.
Accuracy posted at 6:24 pm on Thu, Feb 21, 2013.
The section of the Arizona Constitution “that prohibits the circulation of recall petitions against an official until he or she has held office for six months.”
And the section of the Arizona Constitution that states: “The commencement of a subsequent term in the same office does not renew the six month period delaying the circulation of petitions.”
Just part of the argument – Where attorney Larry Klayman is threatening a lawsuit if attorney William J. Fisher and his “Open Border” group continues to circulate the recall petition to recall Maricopa County Sheriff Joe Arpaio.
nodon7 posted at 6:20 pm on Thu, Feb 21, 2013.
The supporters of Sheriff Joke at this point have proven beyond question that they are single issue racists. They are willing to overlook Joke's failure to properly investigate over 400 sexual assaults just because they have the false perception that his ridiculous antics are in any way affective on the immigration front. Obviously a large number of his supporters were "educated" right here in AZ, which has the 48th worst educational system in the U.S. Ignorance is their calling card and they wear it proudly and loudly.
samkat posted at 6:04 pm on Thu, Feb 21, 2013.
AZC: You sound a tad bit racist yourself. You must also have selective color vision if you have trouble spotting people of color here.
Since you are going after Joe, what about the taxpayer money Maryrose Wilcox gave to the Hispanic organization that lent her money several times over a period of years?
Where was the county oversight of the county departments during her time not only on the board of supervisors but as the head of the board of supervisors?
You can't have it both ways.
azconan posted at 2:32 pm on Thu, Feb 21, 2013.
The trouble with the supporters of Sheriff Joe is theyre as racist as he is. Yeah he won the election. Why not, he chased away every single person of color in this county ! He hasnt done his job in 8 years or more. His supporters just laugh off the 400 cases of rape he ignored. They laugh off the MILLIONS he has cost the county in lawsuits . They laugh off the Federal investigation of Arpaios office. They laugh off the money issues where he misspent jail funds. No reason to recall him? There was NO reason to elect this racist fool. Let him go with Russell Pearce !