Phoenix (AZ Family) — A federal judge has ordered the Maricopa County Sheriff's Office to address delays in a massive internal investigation and outlined a plan to ensure it is completed.
The case stems from litigation dating back more than a decade and has cost taxpayers about $325 million, and the latest order will likely cost taxpayers even more.
In an 11-page federal court order, U.S. District Judge Murray Snow outlined the Justice Department's plan for clearing up the backlog of its internal affairs investigation.
The ministry said that as of the end of July, there were more than 1,300 unsolved cases, 40 percent of which were more than four years old.
The sheriff's office is expected to investigate the incident within 60 days.
“There's a great deal of frustration conveyed by the judge's comments,” said former U.S. Department of Justice attorney Emily Gunston. “Having an effective accountability system is a key component of having a constitutional police department. If the policy isn't enforced, it's just words on paper.”
Gunston has worked on cases like the one in Maricopa County.
“It's a terrible thing for a community when a member of the community feels something has happened and they report police misconduct to the sheriff's office and the sheriff's office does nothing,” she explained.
The order dates back to 2008, when a group of Hispanic people sued then-Sheriff Joe Arpaio and the police department for alleged racial profiling.
Judge Snow agreed, and in 2013 ordered the installation of a federal monitor to oversee procedural reforms among deputies and the department.
By the end of August, taxpayers had spent more than $320 million to help the department comply, partly because of delays to the internal investigation.
“We see this as a victory for all involved,” said ACLU attorney Christine Wee, who represents the plaintiffs and supports the order.
This will triple the amount of time MCSO has to review internal investigation cases. Starting in October, the department will have to reduce its backlog by 45 cases each month. That number will increase each quarter, eventually reaching 60 cases.
“We hope that we now have a clearer picture of what needs to be done going forward and are confident that we can achieve this goal,” Wee said.
The order also includes penalties if the MCSO fails to solve a certain number of cases within a certain period of time, allowing the Department of Justice to fine the agency, with the money then being used to hire more investigators.
“I've never seen a court order like this before. It's a very creative solution,” Gunston said.
Additionally, MCSO needs to hire 10 more investigators to handle these cases by the end of the year.
If all goes according to plan, the ministry's backlog is expected to be cleared by March 31, 2026.
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