Utah POST to seek action against officer

Utah's police academy will seek disciplinary action against an officer from a polygamist border town who ignored a subpoena from an Arizona grand jury and was subsequently jailed for contempt of court.

Maj. Rich Townsend, director of the Utah Peace Officer Standards And Training Academy, said he'll seek action against Mica S. Barlow when the POST Council, the academy's governing board, resumes its meetings in September.

"This should not happen," Townsend said. "These officers are officers of the court, and they are sworn to uphold the constitution of the United States and the constitution of the state they operate in. When they don't, they are violating the peace officer's code of ethics."

Barlow, 36, is a police officer with the Colorado City, Ariz., marshal's office. He is also certified by the state of Utah, as are most of the department's officers.

A telephone message seeking comment from Colorado City Town Marshal Fred Barlow was not immediately returned.

On April 5, Mica Barlow disregarded a subpoena to testify before a federal grand jury in Phoenix. U.S. District Judge Susan Bolton issued a warrant for his arrest on a contempt charge. Barlow surrendered to authorities April 6 and remains incarcerated at the Central Arizona Detention Facility in Florence. The judge's order says Barlow is to remain in jail until he cooperates with authorities, according to the U.S. Marshals Service.

Grand jury proceedings are secret, so it's not been disclosed why Barlow received a subpoena.

Townsend said he'll ask for a hearing before an administrative judge, to determine if Barlow has violated ethics standards. From the administrative judge's ruling, the POST Council decides if disciplinary measures should be taken and could range from no action, to suspension for up to three years or decertification, Townsend said. Any action could be appealed, he said.

Barlow will be sent a letter notifying him of the hearing, which he can attend, although since he's locked up, POST could arrange to hold the hearing inside the Arizona jail, Townsend said. The case is precedent-setting, Townsend said.

"We are kind of in uncharted waters here," he said. "As far as I know, in the history of POST ... this is the first situation where an officer has been jailed for contempt."

Police in Hildale and Colorado City have been in hot water with POST before.