Judge Murray Snow has a reputation around Arizona for thinking he is above the law, and now lawyers for Maricopa County Sheriff Joseph Arpaio, Chief Deputy Gerard Sheridan, and Lieutenant Joseph Sousa have filed a motion requesting that Snow, who is presiding over the Melendres v. Arpaio litigation, recuse himself from all future proceedings in the case.
The motion contends that Judge Snow may not continue to preside over the case because he has engaged in improper private, off-the-record meetings and communications about the merits of the case with the court-appointed Monitor, who has been investigating the Maricopa County Sheriff’s Office. Such ex parte communications between Judge Snow and his Monitor about the merits of the case not only were prohibited by the District Court’s original order appointing the Monitor, but also are violations of federal law, the Code of Conduct for United States Judges, and the Due Process Clause of the Fifth Amendment. The motion also seeks removal of the Monitor and discovery into the content of the unauthorized ex parte communications.
“We fully understand and acknowledge the gravity of moving for recusal of a sitting judge. Nevertheless, both the facts of this case and the governing law make clear that Judge Snow and his Monitor may not continue to preside over the Melendres litigation,” said Charles J. Cooper, attorney for Sheriff Arpaio, Chief Deputy Sheridan, and Lieutenant Sousa.