MCAO shares Federal investigation experience with Phoenix City Council amid ongoing probe

As the U.S. Department of Justice continues its investigation into the Phoenix Police Department, members of the Maricopa County Attorney’s Office providing some insight to the Phoenix City Council, explaining their own dealings with a federal investigation.

Phoenix Police has been under investigation by the DOJ since August 2021, over patterns of practice regarding five areas of focus including use of force, responses to first amendment protests and people experiencing homelessness

Currently, the Maricopa County Sheriff's Office is being federally monitored for issues linked to the administration under Former Sheriff Joe Arpaio. The issues include racial profiling.

Although they chose not to enter into a consent decree, officials with MCAO offered insight into what Phoenix can expect, should it receive a court order. Policy, procedure and training would all be impacted, and compliance will be monitored by federal officials.

Officials with MCAO also say it can take several years to be in full compliance: it has already cost them hundreds of millions of dollars over the last decade.

Councilmembers speak out

During the meeting, Phoenix City Councilmember Jim Waring expressed his opposition to a consent decree.

"Why the hell would anybody ever accept a consent a decree?" Waring said. "You might as well fight it out, no matter how long it takes. It’d probably be cheaper, and the end result, if we’re gonna have officers leaving, and citizens are gonna have to pay higher taxes to pay all these legal bills to be less safe. Why would anybody even entertain the notion of a consent decree?"

"If there’s a consent decree, you have a seat at the table writing it," said Thomas Liddy, MCAO's Civil Division Chief. "Now, there are many cities out in these United States who just put their hands up and enter in a consent decree, and didn’t actively work and ensure there are no ambiguous terms."

It is important to note that while MCAO can share its experience, they cannot legally advise the City of Phoenix on this matter.