ACLU calls for transparent appointment process for Maricopa County sheriff

A civil rights organization behind the racial profiling lawsuit that resulted in court monitoring of the Maricopa County Sheriff's Office has called for a transparent and inclusive process to select the next sheriff.

In a letter sent Wednesday to the Maricopa County Board of Supervisors, ACLU of Arizona Senior Staff Attorney Christine Wee urged the supervisors to appoint “an Interim Sheriff who will hold all MCSO personnel to the highest ethical standards to protect public safety and ensure accountability for deputies and supervisory staff who have violated the civil rights of Arizonans.”

The Maricopa County Board of Supervisors is considering applications from people who want to replace former Sheriff Paul Penzone, who stepped down a year early on Jan. 12.

Because Penzone was a Democrat, the supervisors must appoint a Democrat to replace him.

Records from the County Recorder’s Office show three of the applicants have long histories as registered Republicans and switched parties very recently.

The appointee will serve until the person elected sheriff in November is sworn in, according to county spokesperson Fields Moseley.

In the ACLU letter, Wee outlined recommendations the supervisors should consider when choosing the interim sheriff.

“We urge you to appoint an Interim Sheriff who will rebuild community trust, improve the supervisory culture within MCSO, and uproot racial discrimination against community members,” Wee said. “We also urge you to appoint an Interim Sheriff who will be committed to working with the parties in the ongoing Ortega Melendres litigation in the spirit of good faith and collaboration to achieve the aforementioned goals.”

The Melendres racial profiling case began in 2008 when Latino drivers sued the Maricopa County Sheriff's Office, which was then led by Sheriff Joe Arpaio, alleging they were racially profiled. U.S. District Court Judge G. Murray Snow agreed and, in 2013, mandated court oversight of the Sheriff's Office.

Since then, Snow has ordered reforms to weed out racial profiling in the Sheriff's Office, although ongoing traffic stop reviews continue to show racial disparities.

Penzone inherited the lawsuit and its mandates when he took office in 2017 after ousting Arpaio. During his seven years in office, he could not satisfy all the lawsuit requirements. He lamented the continued federal oversight, citing it as one of the reasons for stepping down. Penzone said the Melendres case was a distraction from the other work of the Sheriff’s Office, calling it “one cloud still hanging over this office."

Some people within MCSO view the Melendres orders as obstacles to public safety, Wee said in the ACLU letter.

“We urge you to appoint an Interim Sheriff who rejects this viewpoint and who instead will protect and serve all of those in Maricopa County,” she said.

Wee cited the 2022 Maricopa County Sheriff’s Office Traffic Stop Annual Report, saying it showed “evidence of disparate outcomes by driver race or ethnicity in traffic stops on many stop outcomes.”

“We urge you to implement a fully transparent and inclusive process that meaningfully incorporates the feedback of Latinx, Black, and Indigenous Arizonans and members of other racial and ethnic groups who have historically been negatively impacted by the policies and practices of MCSO,” Wee said. “The insight from those directly impacted by these racially and ethnically discriminatory policies and practices of MCSO is essential to choosing an Interim Sheriff as those closest to the problem are the closest to the solution.”

A spokesperson for the supervisors did not comment on the letter Wednesday evening. The supervisors have not provided any details about the selection process or timeline.

Arizona Republic reporter Rafael Carranza contributed to this story.

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This article originally appeared on Arizona Republic: ACLU: Maricopa County sheriff appointment should be transparent