Friday, January 17, 2020

Second Amendment Supporting Sheriffs in NM Threatened with Removal From Office


The Albuquerque Journal recently published an Op-Ed titled If you can’t enforce the law, resign by Warren F. Frost, who is the County Attorney in Quay County, NM.
Here are some excerpts from the Op-Ed followed by my comments.

We could also inquire as to why many New Mexico sheriffs, including my own, have decided to champion the creation of Second Amendment sanctuaries while ignoring other parts of the Constitution like the First Amendment, which protects freedom of religion, or the Fourteenth Amendment, which protects property rights.

Did the last session of the NM legislature pass legislation which threatens our freedom of religion or our citizenship, due process or other rights under the 14th amendment? Has the Governor announced she will support legislation in the upcoming session which threatens our freedom of religion, etc.? The Sheriffs and County Commissions are reacting to what they perceive to be immediate threats and that hardly constitutes "ignoring" the other parts of the Constitution. 

I raise this issue because more than one sheriff has stated that if a law is passed they believe violates the Second Amendment they will refuse to enforce it. In fact the sanctuary city resolution passed by many government entities clearly makes that explicit threat. In my view any such declaration may subject elected officials to a removal proceeding based upon a violation of their oath of office.
Art. XX section 1 of the New Mexico Constitution requires that all elected officials in New Mexico take an oath to “support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.” It does not say that elected officials can pick and choose which laws to follow based on their own interpretation of the Constitution.
New Mexico law 10-4-2 (B) allows for the removal of local officers for “failure, neglect or refusal to discharge the duties of the office, or failure, neglect or refusal to discharge any duty devolving upon the officer by virtue of the office.”
In my view any sheriff or other elected official who refuses to enforce any statute is subject to removal under this law...

I note the NM Constitution's oath of office lists first  “support the constitution of the United States", which is then followed by the constitution and laws of the state, and finally the duty section.

How can a county sheriff  “support the constitution of the United States" by enforcing a state statute that he or she believes violates that same constitution? Are not they complying with their duty to “support the constitution of the United States" by refusing to enforce such a law?

Finally, I have written before concerning the discretion afforded to law enforcement officers and prosecutors. NM Attorney General Hector Balderas exercises his prosecutorial discretion each and every day, and should refrain from attempting to remove any sheriff who is simply exercising similar discretion.

2 comments:

Anonymous said...

I have dealt with this guy before and he is a poor excuse for a county attorney. I will have to tell you about it later. And I agree with you: did the legislature pass anything that threatened the first, fourteenth, or any other amendment? Threatening to remove Sheriffs from office as in impeach? He is taking the cue from nasty nancy.

Anonymous said...

And the County Commission approved Quay County as a 2nd Amendment Sanctuary County on a bipartisan vote on 2/11/19. They hired him; they should get rid of him