ALBUQUERQUE, N.M. (KRQE) – They consider themselves full-blown Bernalillo County deputies, but apparently the sheriff doesn’t. Courthouse deputies are now asking for a restraining order against the sheriff over a memo he sent out in the department — saying he’s trying to strip them of their powers.
“What the sheriff has done is defiant against the state of New Mexico,” said attorney James Montalbano.
Bernalillo County deputies filled a district courtroom on Friday, fighting back against their boss.
“We are here seeking a temporary restraining order,” said Montalbano.
On Feb. 1, Sheriff Manny Gonzales sent out a memo, and these deputies feel the sheriff is taking away their rights.
“It strips them of their law enforcement powers,” he said.
Their attorney said the only difference between them and other deputies is they don’t drive patrol cars.
“Same badge, same patch, same uniform,” said Montalbano.
He said according to the memo, the court deputies would no longer be able to carry a weapon or wear their uniforms after hours, make arrests or perform any duties after 6 p.m. when the courthouse closes.
“It basically reduces them to civilian status,” he said.
The memo doesn’t refer to them as deputies — simply as courthouse security specialists. However, the attorney for the sheriff’s department said the memo simply clarifies their duties by state law.
“All his memo does is track what state statute has already provided for. It doesn’t add, it doesn’t subtract,” said Mike Garcia.
Garcia is representing the sheriff’s department and claims what’s in the memo is what they already should be doing.
“The statute has specified that court specialists have duties and responsibilities the statute says within the confines of the county courthouse,” said Garcia.
Yet, even the judge had questions, like what if a trial runs longer than that 6 p.m. deadline and jurors want escorts to their cars?
“Would they be able to do that?” asked Judge Gary L. Clingman.
Garcia replied, “Yes, your Honor.”
With questions raised, the judge signed their restraining order. The restraining order puts the brakes on the memo until the judge can sort this out, which could happen at a hearing in March.
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