Roundup of Friday's Arpaio hearing

Last week, a federal judge ordered U.S. Marshals to seize hundreds of items of evidence from Sheriff Joe Arpaio’s facilities, an extreme gesture following accusations that sheriff’s officials had intentionally withheld documents the judge had ordered to be turned over.

The courtroom fireworks had simmered by Friday afternoon, as U.S. District Judge G. Murray Snow contemplated how to move forward in an eight-year old racial-profiling lawsuit that has produced more legal spinoffs than resolutions.

Here’s a roundup of federal courtroom happenings from Friday afternoon:

No additional contempt allegations, for now: Snow’s use of federal marshals last week came after what he found as disturbing allegations. Snow’s monitor said his team discovered the existence of nearly 1,500 identification cards that should have been disclosed in the case but, instead, were marked for destruction. Further, the monitor said, there was a specific order given to sheriff’s officials instructing them not to volunteer this information to the monitor.

Sheriff’s Office emails released weeks ago also revealed about 50 hard drives that had also had not been disclosed. Snow ordered federal marshals to retrieve both sets of information.

On Friday, Snow said he decided not to tack the alleged violations onto the ongoing contempt of court hearings, which are scheduled to resume September 22.

Snow reasoned that he didn’t want to delay an already-delayed resolution for the victims, but also said the matters would not be irrelevant. They may resurface, he said, should he decide that there is basis to refer the Sheriff’s Office for criminal contempt of court.

Plaintiffs’ attorneys with the American Civil Liberties Union said they planned to file a motion that would include the “deliberate withholding” of evidence as another cause for contempt. Snow said his proposal would not preclude them from filing this motion.

More items will be turned over to the marshals: Snow ordered additional hard drive and identifications to be handed over to his monitors.

More days for contempt of court hearings: Snow had attorneys hold open several days in October and November for the remainder of the contempt-of-court proceedings, in addition to the days he already marked for the end of September and early October.

DOJ likely to enter as co-counsel: The U.S. Department of Justice settled the majority of its own racial-profiling lawsuit against the Maricopa County Sheriff's Office this month, and has asked Snow to allow them to act as co-counsel for the plaintiffs in Snow’s case. The DOJ asked for little in its settlement with the Sheriff's Office, and acting as co-counsel would allow them the oversight needed to help resolve the rest of their lawsuit.

Plaintiffs attorneys did not object to the motion. Snow said he was inclined to let DOJ attorneys enter the case but would allow Arpaio’s attorneys to object. Defense attorneys have until next week to file a response.