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Plaintiffs,
vs.
Joseph M. Arpaio, et al.,
Defendants.
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NO. CV07-02513-PHX-GMS
DEFENDANT JOSEPH M.
ARPAIO AND MARICOPA
COUNTY SHERIFFS OFFICES
MOTION FOR DETERMINATION
OF COUNSEL
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Arpaio and the Maricopa County Sheriffs Office (Defendants), move for a
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determination of counsel for the Court ordered December 4, 2014 hearing (Doc.
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795) later revised by the Court (Doc. 797). Defendants support their Motion with the
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BACKGROUND
At the November 20, 2014 hearing, this Court indicated its willingness to
pursue civil and/or criminal contempt against Sheriff Arpaio, the Maricopa County
Sheriffs Office, and/or the MCSOs members in connection with implementing the
Courts Orders. The Court further scheduled the December 4, 2014 hearing to
investigate the matter. (Docs. 795 and 797).
II.
Scope of Representation
As a basis for the December 4, 2014 evidentiary hearing, the Court mentioned
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both civil and criminal contempt at the November 20, 2014 hearing. The Court
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issued its Order regarding the hearing (Doc. 795) and then modified the Order,
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Montgomery does not have the power to defend a criminal investigation or criminal
contempt. Because Mr. Montgomery does not have this authority, likewise
undersigned counsel does not have this power. Undersigned counsel was retained
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as lead counsel in this matter on November 21, 2014. (See attached Exhibit 2).
The representation powers and duties are set forth in the agreement between
Maricopa County and Iafrate & Associates. (See attached Exhibit 3). These powers
and duties likewise do not include the ability to defend clients in criminal contempt
proceedings or criminal investigations.
If the Court intends to pursue criminal contempt proceedings or a criminal
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investigation, the individuals should receive full constitutional protections. See Hicks
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F.J. Hanshaw Enterprises, Inc. v. Emerald River Dev., Inc., 244 F.3d 1128, 1139 (9th
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Arpaio, the Maricopa County Sheriffs Office, and the MCSO members, the Court
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III.
CONCLUSION
For the foregoing reasons, Sheriff Arpaio and the Maricopa County Sheriffs
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By:
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s/Michele M. Iafrate
Michele M. Iafrate
Attorney for Defendants Joseph M.
Arpaio and Maricopa County Sheriffs
Office
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By:
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s/Jill Lafornara
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Plaintiffs,
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vs.
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Defendants.
) NO. CV07-02513-PHX-GMS
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) ORDER
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