MCSO must clear backlog of internal investigations; this is how long it will take

PHOENIX (AZFamily) — A federal judge has ordered the Maricopa County Sheriff’s Office to clear its massive backlog of internal investigations and outlined a plan to ensure it does so.

It stems from a legal battle over a decade ago and cost taxpayers nearly $325 million. The order will likely cost taxpayers even more money.

In an 11-page federal court order, U.S. District Judge Murray Snow outlines the department’s plans to clear the backlog of internal investigations.

At the end of July, the authority said it had over 1,300 open cases, 40 percent of which were older than four years.

To illustrate, the sheriff’s office is supposed to investigate a case within 60 days.

“What I see in those words from the judge is a lot of frustration,” said Emily Gunston, a former U.S. Department of Justice attorney. “An effective accountability system is a critical component of a constitutional police agency. If policies are not enforced, they are just words on paper.”

Gunston has worked on cases like the one in Maricopa County.

“It’s a terrible problem for the community when they feel like they saw something, reported it to the sheriff’s office for officer misconduct, and the sheriff’s office does nothing,” she said.

The order dates back to 2008, when a group of Latinos sued then-Sheriff Joe Arpaio and the agency, alleging ethnic discrimination.

Judge Snow agreed and in 2013 appointed a federal oversight officer to oversee deputies and departmental procedural reforms.

As of the end of August, taxpayers have spent more than $320 million to help the agency comply with regulations, and the backlog in the internal investigation is part of that.

“We see this as a win-win situation for everyone involved,” said Christine Wee, an ACLU attorney representing the plaintiffs and supporting the order.

This triples the amount of time the MCSO has to investigate each internal case. Starting in October, the department must reduce the backlog by 45 cases each month, a number that increases each quarter until it reaches 60.

“We hope that there is now more clarity about what needs to be done in the future and therefore we are definitely confident that this can be achieved,” Wee said.

The order also provides penalties if the MCSO fails to close a certain number of cases within a certain time period. The Justice Department could fine the department, and the money could be used to hire more investigators.

“I’ve never seen a court order like this before. It’s a pretty creative solution,” Gunston said.

In addition, the MCSO must hire ten additional investigators by the end of the year to handle these cases.

If everything goes according to plan, the department’s backlog should be eliminated by March 31, 2026.

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