Susan Bolton

Susan Bolton

United States District Court for the District of Arizona (senior status)

Tenure

2016 - Present

Years in position

8

Prior offices

United States District Court for the District of Arizona

Education

Personal

Criminal contempt conviction for former Maricopa County sheriff (2017)

See also: United States District Court for the District of Arizona (United States v. Joseph M. Arpaio, No. CR-16-01012-001-PHX-SRB)

On July 31, 2017, Judge Susan Bolton of the United States District Court for the District of Arizona issued an order finding former Maricopa County Sheriff Joe Arpaio guilty of criminal contempt. The case was brought pursuant to a 2011 order issued by District Judge Murray Snow preventing Arpaio and the county sheriff's department "from detaining any person based only on knowledge or reasonable belief, without more, that the person is unlawfully present within the United States, because as a matter of law such knowledge does not amount to reasonable belief that the person either violated or conspired to violate the Arizona smuggling statute, or any other state or federal law." On May 24, 2013, Judge Snow also issued a permanent injunction enjoining the county sheriff's department from "[d]etaining, holding, or arresting Latino occupants of vehicles in Maricopa County based on reasonable belief, without more, that such persons were in the country without authorization." Regarding Judge Snow's orders, in neither instance was Arpaio found to be in compliance. Judge Snow issued a civil contempt citation to Arpaio in 2016 and referring him for trial on criminal contempt charges before Judge Bolton.^[4]

After a five-day bench trial, Judge Bolton ruled that Arpaio was guilty of criminal contempt. In her legal conclusions, Judge Bolton stated,^[4]

Sentencing on the criminal contempt charges was scheduled for October 5, 2017, but on August 25, 2017, President Donald Trump (R) issued his first presidential pardon in pardoning Arpaio. A presidential pardon is "the process through which the president overturns a federal conviction and restores 'an individual to the state of innocence that existed before the conviction.'" Despite the pardon, Judge Bolton declined to dismiss Arpaio's conviction for contempt.^[4][6][7]

Medical marijuana (2012)

See also: United States District Court for the District of Arizona (State of Arizona v. U.S., 11-cv-1072)

Judge Bolton dismissed a lawsuit on January 4, 2012, filed by Arizona claiming a state law passed by voters in 2010 that legalized medical marijuana put state workers at risk for federal prosecution and imprisonment due to conflict with federal drug law. Arizona Governor Jan Brewer (R), who opposed the measure, had sought to block the creation of marijuana dispensaries allowed by the law, claiming that state employees charged with regulating the dispensaries were at risk for federal prosecution. Bolton ruled that the state had not established a “genuine threat of imminent prosecution” and dismissed the case.^[8]

A spokesman for Brewer's office expressed great disappointment over the ruling. Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, said of the ruling, “We would hope that our state leaders will now recognize it is time to stop wasting taxpayer dollars in an effort to thwart the will of the voters and move ahead with full implementation of the initiative."^[8]

Arizona immigration law/S.B. 1070 (2010-2011)

See also: United States District Court for the District of Arizona (USA v. State of Arizona, No. CV 10-1413-PHX-SRB)

The United States Department of Justice took the state of Arizona to court in order to stop its bill on immigration from taking effect July 29, 2010. In the ruling, Bolton upheld parts of the law while striking down some of its more controversial aspects.

In summary, parts of the law that were upheld:

• The state can restrict local officials from creating "sanctuary city" policies that limit enforcement of the law;

• Arizona state officials will work with the federal government on illegal immigration; and

• It is a crime to employ day laborers—often illegal immigrants that wait for work in public areas.^[9]

Parts of the law blocked by the decision:

• The state cannot criminalize individuals for failing to have alien registration papers on them;

• Arizona cannot authorize "the warrantless arrest of a person" if law officials believe she or he is in the country illegally.^[10]

The state of Arizona appealed the ruling in the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit upheld Bolton's ruling on April 1, 2011.^[11]

Read the Ninth Circuit opinion here: USA v. State of Arizona

Arizona counter-suit

On October 21, 2011, Judge Bolton dismissed a lawsuit filed by Governor Jan Brewer (R) against the federal government. The lawsuit was filed as a counter-suit to the one filed by the Justice Department challenging Arizona's immigration law. In her suit, Brewer claimed that the federal government was not doing enough to protect the state from illegal immigration. Judge Bolton dismissed the suit, saying that Brewer's charges were political questions not appropriate for a court to decide. In addition, Judge Bolton said that some of the state's claims must be thrown out because they were answered in a 1994 court case in Arizona and cannot be litigated again.

Judge Bolton wrote, "While Arizona may disagree with the established enforcement priorities, Arizona’s allegations do not give rise to a claim that the counter-defendants (the federal government) have abdicated their statutory responsibilities."^[12]

1. ↑ ^{1.0 1.1 1.2 1.3} Federal Judicial Center, "Biographical directory of federal judges," accessed August 31, 2016
2. ↑ American Bar Association, "Ratings of Article III judicial nominees, 106th Congress," accessed August 31, 2016
3. ↑ United States Congress, "PN 1157 - Susan Ritchie Bolton - The Judiciary," accessed August 31, 2016
4. ↑ ^{4.0 4.1 4.2} U.S. District Court for the District of Arizona, United States of America v. Joseph M. Arpaio, July 31, 2017
5. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
6. ↑ Ginsberg, B. (2016). Presidential Government, New Haven, CT: Yale University Press
7. ↑ The Chicago Tribune, "Judge refuses to throw out rulings in former sheriff Joe Arpaio's conviction," October 19, 2017
8. ↑ ^{8.0 8.1} Bloomberg Businessweek, "Arizona Medical-Marijuana Suit Dismissed by Federal Judge," January 5, 2012
9. ↑ Fox News, "Arizona's Altered Immigration Law Takes Effect, State Heads Back to Court," July 29, 2010
10. ↑ CNN.com, "Parts of controversial Arizona immigration law to take effect," July 29, 2010
11. ↑ Los Angeles Times, "Federal appeals court upholds injunction blocking Arizona immigration law," April 11, 2011
12. ↑ Associated Press, "APNewsBreak: Judge dismisses Ariz. governor’s lawsuit against feds over border enforcement," October 21, 2011