Sheriff Joe

                                                        

  By Florida Bill       

                                                         Sheriff Joe---love him or hate him.  

                                       The 85-year-old Joseph Michael Arpaio served for 24 years as the tough, no-nonsense, no-illegal aliens sheriff of Maricopa county in Arizona. To some, he is the symbol of all that is good and strong and sensible about America.  To others, just the reverse.  He was defeated in his bid for a seventh consecutive four-year term last November.  

                                         Last July 31, a federal judge declared that the former law-and-order sheriff was in criminal contempt of his order to stop profiling citizens, and that he would sentence him on October 5.  The maximum penalty for contempt is six months in jail.  Arpaio's conviction was cheered by millions, but at the same time millions more scorned the judge who made the finding, and who had declined to allow the issue to be tried before a jury as had been requested by Arpaio and his attorneys.  In late August when it became clear that the judge intended to send Sheriff Joe to jail for six months, President Trump announced that he was pardoning the former sheriff, whom he described as a patriot, in accord with his presidential authority.  By doing so, the President upended an-Obama inspired plan to send the sheriff to jail.    

                                         Much pro and con might be said about the tactics of Arpaio, widely known as "America's Toughest Sheriff." Some of his jailhouse regulations and rules for inmates to follow certainly are questionable as to their propriety.   Arpaio was never rankled by his nicknames, or accusations concerning his bullish tactics,  and in fact he thrived upon the notoriety, and was always available to the media with announcements and for colorful comments.  

                                         After President Obama's election in 2008, Sheriff Joe became a political target of the Obama White House which advocated political correctness and viewed open borders as a plus rather than a minus.  In addition, it was Arpaio and his followers and associates who promoted the belief that Obama had not been born in the USA, and was holding office illegally.  Sheriff Joe worked hand-in-glove with then citizen Trump in advancing the "birther" agenda which, according to researchers, is still held by twenty per cent of Americans        

.                                        With Obama at the helm, scores of lawsuits and complaints were filed by governments against Arpaio for profiling and arresting Latino immigrants.   The American Civil Liberties Union (ACLU) repeatedly zeroed in on him for mistreatment of Latinos,  but Sheriff  Joe basked to some degree in his notoriety and reputation for law and order, and in recent years was a strong supporter of President Trump and his promise to build a wall along the nation's southern border. 

                                           Love him or despise him, that is the call for others to make.  But with all of the political cannons aimed at Sheriff Joe, there is a legitimate question as to why defendant Arpaio was denied a jury trial which he requested, and in view of the fact that he was accused of a crime (criminal contempt) and faced potential jail time of up to six months. Analysts believe that jurors selected in Maricopa county would have never entered a conviction against Sheriff Joe. 

                                           A person can be accused of direct or indirect criminal contempt.  In direct contempt the judge witnesses the actions of the defendant and declares him in contempt and subject to his punishment. In indirect contempt, the facts must be established through a trial with testimony, and after a finding of guilty, the judge can then impose the appropriate sentence.  
                                         With Arpaio, the judge did not witness the contemptuous conduct and the evidence to support it would need to be brought before him, under oath.  Arpaio and his attorneys requested that the trier of the fact be a jury of his peers, and not a judge whom the defendant and his attorneys believed would not be fair.   In  support of  a jury, some scholars point to the sixth amendment to the constitution, which reads                                                                "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." 

                                         In pardoning Sheriff Joe, President Trump said that "throughout his time as sheriff, Arpaio continued his life's work of protecting the public from the scourges of crime and illegal immigration.  He is now 85-years-old and after more than 50 years of admirable service to his country is a worthy candidate for a presidential pardon." 
                                          Sen John McCain of Arizona has criticized the President for pardoning the sheriff, who has shown no remorse for his alleged misdeeds.  The president, he explained in a statement, is demonstrating his "lack of respect for the rule of law."  McCain, however, did acknowledge that the President has a constitutional right to grant the pardon.  Arpaio responded by saying that McCain is using me to attack the President. "No matter what the president does, he criticizes it." 
                                           Calling Sheriff Arpaio a friend, Arizona Gov. Doug Ducey said Trump's pardon has brought finality to this chapter in Arizona's history; and that Arpaio can now move on and enjoy his retirement with his wife and family.  
                                            Arizona Congressman Andy Biggs defended the sheriff, saying that he "applauds Trump for pardoning Arpaio, adding that "America owes Sheriff Arpaio a debt of gratitude and not the injustice of a political witch hunt."  
                                           Sheriff Joe was a soldier for four years in the 1950s, and went on to work for 25 years as an agent in the Drug Enforcement Administration (DEA).   In 1992, he was elected to his first four year term as county sheriff, and subsequently reelected five more times.  He has been featured in many films.  He and his wife recently celebrated 58 years of marriage,  and have 2 children and four grandchildren. 
                                            
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