ARIZONA COMMON SENSE

An Exercise in Aggressive, Non-Partisan Political Activism January 18, 2013 Volume 3, Number 01

IS THE TUCSON CITY COURT COVERING UP FOR PRO-RAZA ACTIVIST SEAN ARCE?
In Animal Farm George Orwell wrote: All animals are equal. But some animals are more equal than others. The same may be true in Tucson Arizona, where for several years now criminal defense attorneys have told me that well connected minority defendants sometimes get preferential treatment by judges in Tucson City Court. However; the treatment they get may be determined by what kind of minority they are. Case in point: Within the past several months two well publicized cases, both involving similar charges of domestic violence: State v Sean Arce, the former TUSD Director of the Raza Studies Program, and State v. KaDeem Carey, the heralded running back for the University of Arizona. (And to express my bias, Go Cats!) One defendant, Arce, is Brown. The other defendant, Carey, is Black. However; for reasons known only to Presiding Tucson City Court Judge Riojas only State v Carey appears on the Court Docket. State v Arce doesnt appear at all. Moreover; as of todays date, State v Arce has never even shown up on the City Court Docket. I know: Ive been following the Arce case ever since the news broke in January, looking at the City Court Calendar 2, maybe 3 times a week. What does this (apparently) mean? Only Carey, a Black Man, is being prosecuted for his alleged offense. As for the Brown Man Arce? not only

does it appear that he is not being prosecuted, It appears in the official court records he was never arrested at all!! How can this be? Well, in most courts in most jurisdictions, it cant. Even a plea bargain, or dismissal, is always part of the court record. However, the local criminal bar knows this: Tucson City Court is not a Real Court of Law at all. Its really no more than a creature of the ProRaza Tucson City Council. An Independent Judiciary? Hardly. Quite simply: Tucson City Court is an additional enforcement arm of local government. So; how long will it take for the record to be amended, for Arces case to appear in the City Court Docket? Probably within minutes of the Court being notified. So tonight, January 17, 2012, this story is going out only to community activists. Tomorrow afternoon I will send it to the local bar, the media, and Judge Riojas Roy Warden roywarden@hotmail.com