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ARPAIO v. BACA

No. 1 CA-SA 07-0267.

177 P.3d 312 (2008)

Maricopa County Sheriff Joseph ARPAIO, Petitioner, v. The Honorable Anna M. BACA, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Ozie Washington, Dionicio Luquendo Vargas, Jose Martinez Cisneros, Robert Hernandez, Irma Garcia, in-custody Clients of the Maricopa County Public Defender's Office, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department A.

February 26, 2008.

Attorney(s) appearing for the Case

Iafrate & Associates By Michele M. Iafrate, Phoenix, Attorneys for Petitioner.

Law Office of the Public Defender By James P. Leonard, David J. Kephart, Phoenix, Attorneys for Real Parties in Interest.

OPINION

HALL, Judge.

¶ 1 During the first week of November 2007, the Maricopa County. Office of Management and Budget informed Maricopa County Sheriff Joseph Arpaio (the Sheriff) that the Maricopa County Sheriffs Office (MCSO) had exceeded its overtime budget for the fiscal year and that no contingency funds would be made available to cover overages as had been done in prior years. Accordingly, the Sheriff reallocated personnel within the

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