Pubdate: Sun, 20 Nov 2011
Source: Mohave Valley Daily News (AZ)
Copyright: 2011 Mohave Valley News
Contact:  http://www.mohavedailynews.com/
Details: http://www.mapinc.org/media/3625
Bookmark: http://www.mapinc.org/find?233 (Law Enforcement Against Prohibition)

ACLU FILES SUIT ON BEHALF OF FIRED PROBATION OFFICER

PHOENIX - The American Civil Liberties Union of Arizona today filed a 
lawsuit in federal district court on behalf of a former Mohave County 
probation officer who was fired after adding his name to a Law 
Enforcement Against Prohibition (LEAP) letter in support of a 
California ballot measure to decriminalize marijuana.

"More and more members of the law enforcement community are speaking 
out against failed drug policies and they don't give up their right 
to share their insight and engage in this important debate simply 
because they receive government paychecks," said ACLU of Arizona 
Legal Director Daniel Pochoda. "In this case, Mohave County Adult 
Probation officials decided to punish a public servant who works on 
the front lines with communities most affected by drugs, rather than 
respect his right to speak out on his own time about the need to 
reform marijuana laws."

At issue is the unlawful termination of Joe Miller, who worked as a 
probation officer for the Mohave County Adult Probation Department 
from January 2007 until December 2010. In June 2010, Miller added his 
name to a LEAP letter endorsing California's Proposition 19, an 
initiative on the state's November ballot that would have allowed 
adults age 21 and over to possess and grow small amounts of their own 
marijuana for personal use. LEAP, which states that its mission is to 
"educate the public, the media and policy makers about the failure of 
current [drug] policies," released the letter on September 13, 2010 
and held press conferences in Oakland and Los Angeles declaring its 
support for the ballot measure.

Miller, who lives in Needles, was one of 32 current and retired 
members of the law enforcement community who signed the letter 
titled, "Law Enforcers Say Control and Tax Cannabis to Protect Public 
Safety." Co-signers included the District Attorney for the County of 
Humboldt, Calif., an Oakland city attorney, a retired judge for the 
Superior Court of Orange County, and the former chief of police for 
the Seattle Police Department. Although the letter identified the law 
enforcement agencies where the signatories worked, it specifically 
included a disclaimer stating that: "All agency affiliations are 
listed for identification purposes only."

Miller's supervisor -- Chief Adult Probation Officer Friend Walker -- 
found out about the LEAP letter in November, two months after it was 
released, and then immediately notified Miller that he failed to 
comply with the probation department's code of ethics, which states 
that employees should "distinguish clearly in any public statement 
those that are personal views and those that are statements and 
positions on behalf of an agency."

Despite the letter's disclaimer making it clear he was not speaking 
on behalf of the county, Miller was later terminated on Dec. 10, 
2010, for "fail(ing) to maintain neutrality in action and appearance 
when (he) gave permission to the Law Enforcement Against Prohibition 
(LEAP) organization" and for failing "to include [his] job title and 
department 'Deputy Probation Officer, Mohave County Probation 
Department' with [his] endorsement of a California ballot proposition 
posted on-line on Sept. 13, 2010 . . . ."

"I was terminated not because my service was inadequate, but because 
my views on drug policy didn't align with those of Mohave County or 
my superiors in the Probation Department," said 54-year-old Miller. 
"As law enforcement agents and public servants, we swear to uphold 
the Constitution and it's only fair for our government to respect our 
First Amendment rights as well."

"There's no question Mohave County officials targeted Miller based on 
his political views," said ACLU of Arizona cooperating attorney 
Daniel Bonnett, of the Phoenix-based law firm of Martin & Bonnett. 
"Government employees have a First Amendment right to speak out on 
matters of public concern and retaliating against them for exercising 
their free speech rights is simply un-American."

The ACLU lawsuit argues that county officials violated Miller's First 
Amendment rights by unlawfully retaliating against him for exercising 
his rights to freedom of association and speech. In addition to 
Walker, Assistant Chief Probation Officer Elaine Grissom, Mohave 
County, and the State of Arizona also are listed as defendants.

Miller is represented by Pochoda, Bonnett, Susan Martin, Jennifer 
Kroll and Mark A. Bracken, from the Phoenix law firm of Martin & Bonnett.
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MAP posted-by: Jay Bergstrom