It is worse than that. The issue is moot. Long ago it was determined that Federal courts have no jurisdiction where there is nothing to decide, no “case in controversy,” no relief that may be granted. Given Arpaio has been pardoned, there is no relief a court may grant to the state, and maintenance of such an action is thereby frivolous.
So, the judge can be ignored. This is so silly. She is mocking herself, if that is the case.