united-states us-constitution jury rules-of-court
Why was Joe Arpaio not given a jury trial?
<p><a href="https://en.wikipedia.org/wiki/Joe_Arpaio#Conviction_for_contempt_of_court" rel="noreferrer">Joe Arpaio</a>, 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 <a href="https://www.usnews.com/news/best-states/arizona/articles/2017-05-25/arpaio-asks-us-supreme-court-for-jury-trial-in-contempt-case" rel="noreferrer">Arpaio requested a trial by jury</a>, but this was denied.</p>

<p><b>On what legal basis was Arpaio denied a trial by jury?</b></p>

<p>I am not a lawyer, but it seems to me that the <a href="https://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution" rel="noreferrer">6th amendment to the U.S. constitution</a> 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.</p>

<p>Some of the documents are <a href="https://www.courtlistener.com/docket/4490035/united-states-v-arpaio/" rel="noreferrer">here</a>. As <a href="https://www.courtlistener.com/recap/gov.uscourts.azd.995501.61.0.pdf" rel="noreferrer">document 61</a> of the trial, the government motion for bench trial, argues,</p>

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

<p>Arpaio responds in <a href="https://www.courtlistener.com/recap/gov.uscourts.azd.995501.62.0.pdf" rel="noreferrer">document 62</a> that</p>

<blockquote>
  <p>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,</p>
</blockquote>

<p>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</p>

<blockquote>
  <p>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.</p>
</blockquote>

<p>The court order is <a href="https://www.courtlistener.com/recap/gov.uscourts.azd.995501.83.0.pdf" rel="noreferrer">document 83</a>. There, </p>

<blockquote>
  <p>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.</p>
</blockquote>

<p>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.</p>

<p>The order cites case law regarding the "not longer that 6 months" rule from <a href="https://supreme.justia.com/cases/federal/us/422/454/" rel="noreferrer">Muniz v. Hoffman</a>, 422 U.S. 454; United States v. Rylander, 714 F.2d 996; <a href="https://supreme.justia.com/cases/federal/us/418/488/" rel="noreferrer">Taylor v. Hayes, 418 U.S. 488</a>; <a href="http://law.justia.com/cases/federal/appellate-courts/F2/995/233/67567/" rel="noreferrer">United States v. Aldridge</a>, 995 F.2d 233; United States v. Berry, 232 F.3d 897.</p>

<p>According to <em>Baldwin v. New York</em> (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.</p>

<p>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.</p>

<p><strong>Sources</strong></p>

<ol>
<li><a href="https://supreme.justia.com/cases/federal/us/399/66/" rel="noreferrer">https://supreme.justia.com/cases/federal/us/399/66/</a></li>
<li><a href="https://www.law.cornell.edu/uscode/text/42/1995" rel="noreferrer">https://www.law.cornell.edu/uscode/text/42/1995</a></li>
</ol>
