A trial will begin as scheduled on July 19 in a racial profiling lawsuit against Maricopa County Sheriff Joe Arpaio after the judge who will decide the case rejected handing the matter to another judge.
The question of whether U.S. District Judge Murray Snow should stay on the case had raised the possibility of pushing back the trial until after the November election in which Arpaio is seeking a sixth term.
Snow raised the possibility of his recusal in mid-June after lawyers who are pressing the lawsuit on behalf of a small group of Latinos had learned that the judge's brother-in-law, Keith Teel, is a partner in the firm for which they work. Teel isn't a lawyer in the racial profiling case and is an insurance, patent, and product liability litigator who works out of the firm's office in Washington.
The lawsuit alleges that officers based some traffic stops on the race of people in the vehicles and made the stops so they could inquire about their immigration status.
Arpaio denies the racial profiling allegation, saying people pulled over in the sweeps were approached because deputies had probable cause to believe they had committed crimes.
During the patrols known as sweeps, deputies flood an area of a city — in some cases, heavily Latino areas — over several days to seek out traffic violators and arrest other offenders.
Illegal immigrants accounted for 57 percent of the 1,500 people arrested in the 20 sweeps conducted by his office since January 2008, according to figures provided by Arpaio's office.
The people who filed the lawsuit aren't seeking damages and instead want Arpaio to enact changes to guard against what they said is discriminatory policing at his agency. Still, the plaintiff attorneys can seek reimbursement for their time and costs if they win.
Earlier in the case, when some of the firm's lawyers took over the case for another firm, the judge considered whether to remove himself, but concluded that he could continue. At the time, Snow didn't tell the attorneys in the case that he had considered whether to recuse himself.
But the judge revisited the issue after attorneys for those who filed the racial profiling case recently broached the subject when they learned of the judge's relationship to Teel.
Attorneys on both sides said they wanted Snow to remain on the case and that no reasonable observer could conclude the judge would be biased because of his relationship to Teel.
"I have full confidence in the judge and the judicial process," Arpaio said last week.
Snow wrote in Tuesday's ruling that even if the attorneys for Teel's firm win and are awarded fees, Teel wouldn't receive any financial benefit due to steps taken by his firm to keep him from the case.
Snow is the second judge to hear the case. Then-U.S. District Judge Mary Murguia was originally assigned the case, but recused herself in July 2009 when Arpaio's attorneys questioned her impartiality because Murguia's twin sister was the leader of the National Council of La Raza, a prominent advocacy group for Latinos.
At the time, the sheriff's lawyers argued that the group had concluded that the enforcement of federal immigration laws by local police would likely lead to racial profiling of Latinos.
samkat posted at 6:17 pm on Wed, Jul 4, 2012.
Given the number of illegal Hispanics in Maricopa County, I am surprised the percentage was not higher. If the Hispanic community worked half as hard to reduce the number of illegals, the problem would resolve itself.
Jesus Christo de Nogales posted at 9:27 am on Thu, Jul 5, 2012.
Obama is a true racist. Why does the US President hate the advancement of the standard of living for Mexico’s poor? Barrack Hussein Obama; how dare you deprive Mexico its young educated and motivated people? These illegal aliens now in the US are the only hope for Mexico and you want to keep them here in the US. They could start businesses, create jobs, and improve the standard of living for the poor people of Mexico. Yet you want to be selfish and deprive Mexico of these talented youth who could make life better for all the people of Mexico. SHAME ON YOU! Have you no compassion for the poor now living in Mexico? Gustavo Arellano, Steve Gallardo, Nicky Diaz Santillan, and La Raza need to insist that all these young educated and talented Mexicans be sent back to Mexico to help improve the standard of living for the poor Mexicans. Are you with us for the good of Mexico and its people?
catskinner posted at 4:48 am on Fri, Jul 6, 2012.
This is important enough for folks all across the country to donate to Sheriff Joe's campaign. If the illegal aliens can stop one of the few people who have the fortitude to enforce the law, there is absolutely no hope for America.