Civil Litigation with Former Sheriff

By Criss Candelaria, Apache County Attorney

Many folks have asked about the civil cases involving the former sheriff. The former sheriff initiated three different lawsuits against the county Board of Supervisors, challenging the Board's:

• determination that he post a $100,000 bond against faithful performance of his duties following his indictment and the county's concerns for its insurance against his future misdeeds;
• decision to remove the sheriff from office when he failed to post his bond; and
• discipline of a deputy sheriff who refused to comply with county policy concerning participating in a county investigation where his complaints of racial mistreatment caused the investigation in the first place.

A superior court judge upheld the $100,000 bond. A different judge ruled that the Board could not discipline an elected official's deputy, and that it lacked authority to remove the sheriff.

The Board of Supervisors appealed the decisions; and approved paying outside counsel to handle those cases. The Board of Supervisors, not the County Attorney, determines whether to prosecute, defend, and appeal civil lawsuits involving the County.

The Court of Appeals ruled that the Board could not discipline an elected official's deputy; and the removal case has been under advisement for a year.

Incidentally, the Sheriff stepped outside his representation by the County Attorney and hired his own counsel to sue the Board. This relieved the County Attorney's Office of any conflicts of interest and it defended the Board at the superior court and in the appeals.

© 2008 Criss Candelaria