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Joe Arpaio, the former Sheriff of Maricopa County, AZ, was found guilty of criminal contempt of court by U.S. District Judge Susan Bolton on July 31, 2017. Apparently Arpaio requested a trial by jury, but this was denied.

On what legal basis was Arpaio denied a trial by jury?

I am not a lawyer, but it seems to me that the 6th amendment to the U.S. constitution guarantees the right to a trial by jury in criminal matters. Why does that not apply here? I would be curious to know what the full legal story is here, as I can't tell from the media reports.

Rex
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Thomas Steinke
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2 Answers2

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Some of the documents are here. As document 61 of the trial, the government motion for bench trial, argues,

There is no constitutional right to a jury trial for criminal contempt charges resulting in a sentence of imprisonment of six months or less.

Arpaio responds in document 62 that

Defendant Arpaio acknowledges that there is no constitutional right to a jury trial for defendants charged with “petty” offenses where the maximum sentence does not exceed six months imprisonment,

but continues the argument (the point being that there is no question that there is no absolute right to a jury trial, esp. in the instant case). He argues

Many of the actions of the referring judge will become an issue in the case, calling into question the objectives and motives of Judge Snow. A public official’s actions and motives should and must be decided by an impartial jury of the elected official’s peers.

The court order is document 83. There,

The Court finds that this case is appropriate for a bench trial. This case focuses on the application of facts to the law to determine if Defendant intentionally violated a court order.

Essentially, since there is no right to a jury trial and no compelling reason to grant a jury trial (e.g. the court found no merit to his argument that there would be the appearance of impropriety), the motion for a bench trial was granted.

The order cites case law regarding the "not longer that 6 months" rule from Muniz v. Hoffman, 422 U.S. 454; United States v. Rylander, 714 F.2d 996; Taylor v. Hayes, 418 U.S. 488; United States v. Aldridge, 995 F.2d 233; United States v. Berry, 232 F.3d 897.

user6726
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According to Baldwin v. New York (1970), "the federal right to jury trial attaches where an offense is punishable by as much as six months' imprisonment" (1). That, is a crime is considered petty unless the maximum punishment exceeds six months' imprisonment.

Moreover, Arpaio is being charged with criminal contempt. According to 42 U.S. Code § 1995, "the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months" (2). Therefore, Arpaio does not have the right to a trial by jury.

Sources

  1. https://supreme.justia.com/cases/federal/us/399/66/
  2. https://www.law.cornell.edu/uscode/text/42/1995
Rex
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