Sheriff Penzone files appeal after being found in contempt in racial profiling case

Maricopa County Sheriff Paul Penzone filed an appeal to a federal judge's November order finding him in contempt of court for not acting fast enough to close out investigations into alleged staff misconduct brought about by a 2008 case on racial profiling.

Filed Monday, the appeal to U.S. District Judge G. Murray Snow's Nov. 8 order is scheduled for a court hearing on Jan. 27, according to court documents. Snow's order called for Penzone to start reducing the backlog or saddle taxpayers with financial penalties.

In an internal memo sent to Maricopa County Sheriff's Office personnel, obtained by The Arizona Republic, the department said that the appeal "does not in any way impact the Sheriff's commitment to fully comply with all of the Court's orders. The Sheriff is steadfast in MSCO's efforts to meet the requirements of all orders as the appeal is reviewed and considered by the court."

Snow found that under then-Sheriff Joe Arpaio, the department engaged in systematic and widespread racial profiling of Latinos, leading to court-mandated reforms that created the backlog. Under the reforms, there was a system for community members to report misconduct for investigation.

“The failure to complete investigations in a timely manner has become so extreme as to render investigations completely ineffectual and render no service to either the complainant or MCSO personnel,” read Snow's November order.

On background:Judge cites Maricopa County Sheriff Paul Penzone with contempt in racial profiling case

During an August 2021 hearing, a court management expert assigned to the case found that there were over 2,000 backlogged pending misconduct investigations and that a single one took close to two years to fully complete.

On Dec. 7, the Maricopa County Board of Supervisors approved $1,148,491 to fulfill the court's requirements for the Sheriff's Office to fill 39 case investigator positions and to clear out at least 20 additional cases per month.

Penzone has led the Sheriff's Office since 2017 after he defeated Arpaio in 2016. The current sheriff has argued that despite the department lacking total compliance, the agency has made significant progress.

Melendres v. Arpaio, the case that started it all

A class-action lawsuit, Melendres v. Arpaio, was filed in 2008 by motorists arguing their constitutional rights were violated and were targeted because of their race during the former sheriff's "saturation patrols" to squash out undocumented immigration in predominantly Latino areas in the county. Manuel Ortega Melendres, the leading plaintiff, was arrested despite having an authorized immigration status.

For subscribers:Maricopa County Sheriff's Office was ordered to stop racial profiling under Joe Arpaio. It's still happening

Snow ruled against Arpaio in 2013. The judge went on to find that Arpaio and his staff were in civil contempt for ignoring the oversight requirements under the previous order to end racial profiling.

In 2017, Arpaio was found guilty of criminal contempt by another federal judge. Then-President Donald Trump pardoned Arpaio before his sentencing.

Melendres v. Arpaio and court-mandated reforms have cost county taxpayers more than $200 million.

Republic reporters Rafael Carranza, Jimmy Jenkins and Sasha Hupka contributed to this article.

This article originally appeared on Arizona Republic: Penzone files appeal after being found in contempt in racial profiling case