Isabel Garcia-Deputy Pima County Public Defender-Needs to Go

Cross-posted by Miss Beth at Miss Beth’s Victory Dance

Sheriff Joe Arpaio has a new book out. It’s called “Joe’s Law”, and the good sheriff was in town Thursday, July 10, 2008, for a book signing and radio show. He has also been a guest on 104.1 The Truth with Jon Justice Monday, July 7, 2008, to discuss his book and his views of law enforcement.

Jon Justice has become a voice for Tucson, particularly in the areas of ILLEGAL immigration, city council corruption, corrupt school board issues (one school board member is backed by her US Congressman father in forcing things onto the taxpayer–said father is a former school board member as well) and things concerning the legal taxpayers of Tucson.

Isabel Garcia is a Deputy Pima County Public Defender. She is also co-chair of the Coalicion de Derechos Humanos, an alleged border rights group which is actually a group specializing in helping illegals cross the border, “Reconquista” and Aztlan and indulging in violence against those who disagree with them. While she is an attorney sworn to uphold the law, she deliberately breaks it and flaunts her conflicts of interest with impunity from Pima County Administrator Chuck Huckleberry (520/740-8661;;

Tucson is a relatively laid back town. We pretty much let people be, and if they want to protest something, well, as long as it’s peaceful, we let them protest. That doesn’t mean there won’t be a counter protest, but generally both sides are cool about having their voices heard and doing it within the confines of the law.

Unless Garcia is involved. Protests involving Garcia often involve escalating hate and walk very closely to the edge of breaking the law. She is responsible for encouraging high school students to leave their classrooms and protest police action on campus (when an illegal was discovered after being arrested for allegedly possessing drugs and his family was deported), responsible for encouraging violence against the police, influencing politicians through intimidation, encouraging the La Raza hate studies and the attendant protest when the State School Superintendant spoke against funding them with taxpayer dollars–in short, she is complete bad news.

She is the Mexican equivalent of Jackson, Sharpton and Farrakhan. Worse, while those three racist hate mongers are bad news, she also encourages the overthrow–violently–of the legitimate United States Government through Derechos.

Yet, Huckelberry refuses to discipline her. Why? Allegedly, she is engaging in these activities on her own time.

Chuck, we have news for you.

As an attorney, Isabel Garcia is on duty 24/7. As a County Attorney, she is a representative of the public 24/7. And her salary (as well as yours) is paid for by the LEGAL taxpayers of this county.

Now, how did Garcia cross the line?

She showed up with her gang of racist hate mongers to Sheriff Joe’s book signing. Okay, they have a right to protest the fact he is doing his job and enforcing the law of the land.

They don’t have a right to incite a riot, contribute to the delinquency of minors, and engage in blatant violence, encouraging said minors to engage in violence as well.

They brought along a pinata (effigy) of Sheriff Joe. While Garcia stood on the sidelines, she encouraged the minors to beat the pinata to a pulp, severing the head of it in the process. She then took the head and delightedly paraded around the parking lot, holding the head aloft. Against a lawfully elected law enforcement officer.

From left, Leilani Clark holds a piñata representing Sheriff Joe Arpaio as Dallely Hernandez, 17, and Crystal Terriquez, 16, take whacks at it. This picture was the front page of the Arizona Daily Star on July 11, 2008 (from the Arizona Daily Star July 11, 2008 article located here).

Edgar Toledo, 14, of Tucson, holds a pinata of Joe Arpaio with the head cut off during a protest Thursday night. About 75 people gathered at the Barnes & Noble bookstore, 5130 E. Broadway, in Tucson to protest a visit by Maricopa County Sheriff Joe Arpaio. (this picture is from the July 11, 2008 Tucson Citizen article located here).

There were several videos taken of this event as well: KGUN 9 News has video here; KMSB 11 has video here; KOLD 13 (which also has a news hotline 520-744-6397) here; KVOA 4 apparently didn’t cover this incident, although they have covered many protests against Sheriff Joe in the past, the most recent being a disruption of the Pima county Republican Women’s Club by (guess who) January 25, 2008 and linked here. Jon Justice also has video (as well as contact links for the news outlets and Huckelberry) at 104.1 The Truth here and on YouTube here, here and here.

The outrage over Garcia’s action has been long in coming, but it’s time she was put out of our misery. She has committed crimes against the county; she has committed crimes against fellow law enforcement officers; she has committed crimes against this country. It is time. She has to go–and she has to be prosecuted to the full extent of the law for her activities.

Below is the letter I wrote to Huckelberry; I encourage everyone to copy it and use it. It is because of people like Garcia we have the problems with illegals we have.

Dear Mr. Huckleberry:

I am part of the legal community in Tucson. I am sick to death of the antics of Isabel Garcia. Her actions the night of Thursday, July 10, 2008, at the Borders Book Store, crossed the line.

My taxes are paying her salary and as her employer, I want her fired. There is a fine line between the right of public protest–PEACEFUL PROTEST–and Incite to Riot. She has crossed that line, seemingly with impunity from you, many times.

You state nothing can be done because she does these things in her own time. I beg to differ. She is a public employee and is held to a higher standard of behavior than an ordinary citizen. She can be fired for the mere APPEARANCE of POSSIBLE wrongdoing as a public employee, even on her own time.

Further, according to Rule 8.4 of the Model Rules of Professional Conduct (Maintaining the Integrity of the Profession): It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

Miss Garcia blatantly violates Rule 8.4 (specifically sections a, b, d, e), and her incite to riot by her activities the night of Thursday, July 10 2008, in which she encouraged onlookers to violently assault an effigy of Sheriff Joe Arpaio, which was caught on video (including her holding the “severed head” of Arpaio aloft), is ample proof of that violation.

She is in violation of Rule 41, Ariz. R. Civ. P., which states:

The duties and obligations of members shall be:

(a) Those prescribed by the Arizona Rules of Professional Conduct adopted as rule 42 of these rules.

(b) To support the constitution and the laws of the United States and of this state.

TEXT (c)

(c) To maintain the respect due to courts of justice and judicial officers.

(d) To counsel or maintain no other action, proceeding or defense than those which appear to him legal and just, excepting the defense of a person charged with a public offense.

(e) To employ for the purpose of maintaining causes confided to him such means only as are consistent with truth, and never seek to mislead the judges by any artifice or false statement of fact or law.

(f) To maintain inviolate the confidences and preserve the secrets of a client.

(g) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or a witness unless required by the justice of the cause with which he is charged.

(h) Not to encourage either the commencement or continuation of an action or proceeding from any corrupt motive of passion or interest, and never to reject for any consideration personal to himself the cause of the defenseless or oppressed.

She is in further violation of Federal Statute U.S. Code, Title 8, Section 1325, which states in relevant part: A person (including a group of persons, business, organization or local government) commits a federal felony when he: * assists an alien whom he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment, * encourages that alien to remain in the U.S., by referring him to an employer, by acting as employer or agent for an employer in any way, or * knowingly assists illegal aliens due to personal convictions. Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Further: (this part would authorize the the civilian arrest that is authorized by the State of Arizona) State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is “no extant federal limitation” on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws.

This is not the first time Garcia has blatantly violated the law, apparently with your approval. As a member of the law enforcement community herself, she positions herself both as a US citizen (which of course she is) but also as someone who wishes to overthrow the legal boundaries of the United States with her ongoing and increasingly violent promotion of Aztlan.

Her activities ARE becoming increasingly violent; this is a significant warning sign, a “red flag” of an unstable mental acuity, a “red flag” used by prison psychologists to evaluate the stability, to project the escalation of violent offenders and a benchmark used to profile violent offenders (such as sex offenders and serial killers). Due to this public exhibition of her increasing instability, she needs to be removed from office. By her very actions of delighting in the beating and beheading of an effigy figure, she shows a distinct lack of professional judgment. Her sanity is questionable at this stage.

By allowing her to continue her post as a Deputy Pima County Defender, you are allowing her to violate state and federal laws. You are allowing her to violate the oaths she took in her chosen profession to uphold the laws. You are allowing her to escalate her personal agenda at the expense of taxpayers. You are allowing her to continue to flaunt her conflict of interest as an attorney of the United States while promoting the overthrow of the United States.

You state these activities take place during her personal time. I’m sorry, but the county works a standard 8-5, Monday through Friday schedule. She is often participating in riots and protests during those times. Whether or not she has this time as sick or vacation time, she is still paid for her time to incite riots, promote violence, promote illegal activity, etc. on county time at taxpayer expense.

This MUST end and it must end now. The legal citizens of this county are fed up with Isabel Garcia’s nonsense and we are fed up with you shielding her. Get rid of her. This story is already going viral, and it will soon be nationwide news. Your political career is in the sling with hers and, as previously stated, the LEGAL, TAXPAYING citizens are fed up. We will not hesitate to vote you out of office and have her fired by your successor if you do not do it yourself. And, I am filing a formal complaint with the State Bar of Arizona, including a copy of this letter, regarding Garcia and her activities. What Garcia did amounted to committing a hate crime. Just because she is Mexican and Arpaio is White is no excuse–hate crime is hate crime. I demand she be prosecuted appropriately, under the federal hate crime laws.

Do the right thing by your employers–Pima County Taxpayers–and remove this person from the payroll. Immediately, if not sooner.

Kateri E. Jordan, PLS, PNPA

PS…Did I happen to mention I’m part of a coalition of bloggers? We plan to get this out and HELP it go “viral”. We ARE fed up.

The quicker we get people like Garcia out of office, and those who cover for them, such as Huckelberry, the quicker we can see some progress on the illegal issue.

Had a white person done what Garcia did, the news would have been splashed across the headlines for days as a hate crime. As it is, it’s being buried. Isabel Garcia committed a hate crime. Her sanity is questionable. Her judgment is questionable.

Remove her from office. Arrest her. Prosecute her. Now.