County attorney briefs commissioners on writ of mandamus, board directs staff to explore external audit of sheriff’s office

Acting County Attorney Carrie Neal told the Doña Ana County Board of County Commissioners on Feb. 25 that a petition for a writ of mandamus had been filed against Sheriff Kim Stewart and served on the sheriff’s office on Feb. 14, seeking a court order to commission officers graduating from the county’s academy.

Neal said the petition arises from a dispute over the sheriff’s stated intent not to commission some officers after stating she could not decommission others under NMSA 1978, Section 4‑41‑5, which authorizes sheriffs to appoint (commission) deputies and limits decommissioning when a county merit system applies. “When the sheriff was notified of this, she sent multiple emails stating that if she can’t decommission the officers, she will not commission them,” Neal said. The petition was filed Feb. 13 and the signed writ was entered Feb. 14, according to Neal.

The county attorney put the matter in broader context, listing past litigation involving the sheriff’s office. She told commissioners there had been earlier writs and civil actions that raise similar concerns: a June 2022 writ over failure to serve process, a Sept. 2022 writ about refusal to provide investigative files to prosecutors, and an ongoing IPRA (Inspection of Public Records Act) lawsuit filed Dec. 30, 2022. Neal reminded the board that failure to comply with IPRA carries statutory penalties and that litigation discovery obligations may require production of material not exempt under IPRA.

Neal described the hiring and commissioning process for deputies: applicants submit medical and psychological evaluations, the New Mexico Law Enforcement Academy (LEA) must clear cadets, and human resources (HR) reviews personnel packets for consistency. She said LEA had refused five applicants for reasons including psychological findings or ethical concerns, and HR had questioned seven others; five of those were cleared on appeal, one was terminated and one remains under follow-up review.

Neal said the sheriff had commissioned the 14 remaining academy officers but that the sheriff must file statutorily required appointment notices with the county clerk and district court clerk and ensure deputies’ oaths are on file per NMSA §4‑41‑10. Neal also told the board she had requested, without success, a meeting with the sheriff to align processes and reduce future delays.

Commissioners pressed for options. Several said they were concerned about repeated litigation and record‑production refusal and asked for independent review. Chair and multiple commissioners requested staff to explore an external audit or review of DASO operations, policies and compliance. Interim County Manager Stephen Lopez and County Manager Andrews said the county lacks internal capacity to perform a broad external review and would need to outsource the work; they said they would return options and cost estimates if the board directed that step. Vice Chair Chaparro, Commissioner Reynolds and others voiced support for an external audit; Neal recommended careful adherence to discovery obligations and legal process.

Neal reiterated that the update was informational and not a request for immediate board action. She also emphasized this was not personal to Sheriff Stewart but a description of statutory duties, applicable policies and the county’s need for consistent procedures going forward.

The board recorded general direction for staff to develop options for an external audit or independent review of DASO operations and compliance and bring a proposal back to the commission for action.

Ending — next steps The board asked staff to prepare options for an external, independent audit or review of the sheriff’s office, including scope and estimated cost, and to return the options to the board for consideration. Neal advised the board that the court‑ordered writ requires the sheriff to provide certain commissioning notices to the clerk’s offices and the county is monitoring compliance.