Some Consequences of the Misuse of Power Involved in Elected Officials Squabbling
In <a href="http://www.cityethics.org/content/location-cogel-meets-midst-serious-un…; target="”_blank”">a
recent
blog post</a>, I listed the suits filed by Maricopa County's
sheriff Joe Arpaio and county attorney Andrew Thomas against other
county officials during the Council on Governmental Ethics Laws conference
right in the heart of Maricopa County.<br>
<br>
Well, it got worse. On the last day of the conference, according to <a href="http://www.azcentral.com/news/election/azelections/articles/2009/12/09/…; target="”_blank”">an
article
in the Arizona <i>Republic</i></a>, the county attorney filed criminal
charges against a district court judge, accusing him of hindering
prosecution, obstructing a criminal investigation, and bribery.<br>
<br>
The judge didn't take the charges lying down. According to<a href="http://www.eastvalleytribune.com/story/148788" target="”_blank”">
an article in the East Valley <i>Tribune</i></a>, he filed motions with the
Arizona Supreme Court the day before Christmas "to
put the case on hold while the high court considers whether to
disqualify Thomas and his office from the case and any future actions
involving the judge." The reason for disqualification is conflict of
interest, since the judge was presiding over cases involving the
dispute between the county attorney and the county board of
supervisors, and had made decisions against Thomas and Arpaio.<br>
<br>
Thomas alleged that the judge was victimizing him. A public official
who feels another public official is victimizing him is not one to
decide whether to prosecute the supposed victimizer.<br>
<br>
When squabbling among local government officials becomes this personal,
the public interest is harmed. Besides the growing view that their
elected officials don't act old enough to vote, there are actual
repercussions. For example, defense attorneys are arguing that Thomas,
in the words of one lawyer, "has created an atmosphere that makes the
Maricopa County Attorney's Office's presence in this case ethically
intolerable." In other words, when a prosecutor acts out of control,
why should a court respect charges he brings against non-officials,
either?<br>
<br>
A county attorney spokesperson is quoted as saying, "I would be really
shocked if the Maricopa County Attorney's Office
would be disqualified from prosecuting 48,000 cases because we charged
one judge." But it wasn't one judge, it has been multiple judges and many other public officials.<br>
<br>
But it hasn't stopped at clever motions by defense attorneys who will
try anything. This week, about 200 Maricopa County attorneys actually took
to the streets to demonstrate against the county attorney, according to <a href="http://blogs.phoenixnewtimes.com/valleyfever/2009/12/lawyers_rally_agai…; target="”_blank”">a
blog
on the Phoenix <i>New Times</i> site</a> and a <a href="http://www.azcentral.com/news/articles/2009/12/22/20091222countydrama12…; target="”_blank”"><i>Republic</i>
article</a> this week.<br>
<br>
And another county's attorney, who has handled some cases for Maricopa
County, wrote<a href="http://www.azcentral.com/arizonarepublic/opinions/articles/2009/12/21/2…; target="”_blank”">
a letter to the editor </a>this week, referring to "the tremendous
damage being done to the entire justice system by the
manner in which these investigations and prosecutions are being
handled." According to <a href="http://www.azcentral.com/arizonarepublic/opinions/articles/2009/12/23/2…; target="”_blank”">a
<i>Republic</i>
editorial</a> the next day, the other county attorney "broke
the silence among Arizona officials about the oppressive, raw exercise
of power under way."<br>
<br>
How has this all been allowed to get so out of hand? In one word, fear. Fear of prosecution by officials who think it's okay to arrest newspaper editors they don't like, as well as public officials. According to the
editorial, the sheriff's chief deputy said "that
once he learned of [the other county attorney's letter to the editor] over the weekend, he notified the FBI
that they should investigate [her] for hindering the Maricopa County Sheriff's Office's corruption investigations."<br>
<br>
The other county attorney put her finger on the essential conflict here: "Our power,
granted to us by the people, is not a personal tool to target political
enemies or avenge perceived wrongs." In fact, a public official's power
should not be employed as a personal tool, period. The effects are worse when the misuse of power gets out of control, as in Maricopa County, but there are conflict issues, even if not actionable, whenever politics becomes personal at the public's expense.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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