Hounshell wins another round
Appeals court shoots down effort to have sheriff removed

By Kathy Helms
Dine Bureau

ST. JOHNS — The Arizona Court of Appeals has denied a motion to have Apache County Sheriff Brian Hounshell removed from office pending outcome of an appeal by the county government.

The Apache County Board of Supervisors appealed to the state court following a Superior Court ruling Aug. 31 by visiting Judge Kenneth L. Fields of Maricopa County.

On Aug. 4, following a hearing in Apache County, Judge Fields requested the parties enter into "Stipulated Order, Preliminary Injunction" under which Hounshell was suspended from duty with full pay and benefits pending resolution of the case.

On Aug. 31, Judge Fields issued a minute entry granting relief to Hounshell and denying relief to the Board of Supervisors. Hounshell resumed control of the Sheriff's Office that day and the board immediately requested a stay pending appeal.

Attorney Roger Hall of Buckley King, LPA in Phoenix filed the motion for stay Dec. 6 on behalf of the Apache County board.

The board is requesting the stay due to Hounshell's indictment by the Office of the Attorney General in May 2005, on various counts of misuse of public funds, theft, and fraudulent schemes and artifices. The indictment was dismissed Nov. 2, 2006, for lack of venue and is now on appeal by the county.

As a result of Hounshell's indictment, however, a provision in the county's insurance policy with the Arizona Counties Insurance Pool was triggered, excluding Hounshell from insurance coverage for any future fraudulent or dishonest acts.

"Until this matter is resolved, Hounshell cannot be allowed to have access to the significant resources of the largest law enforcement organization in Apache County so that he could possibly perpetrate more mischief, or attempt to cover up the evidence of his prior actions," attorney Hall wrote.

The Board of Supervisors does not want to deprive Hounshell of salary and benefits during the appeals process, Hall said.

"The board simply wishes for him to be 'out of the picture' until this matter is finally resolved."

If the board is successful in its appeal, "there can be little, if any, argument made that it was in the county's best interest for Hounshell to continue to serve as sheriff while the appeals were pending, only to be removed again at the end," Hall wrote.

"If on the other hand, Hounshell is successful, he will be no worse off for having been sidelined for a few months, because he will still have received his salary and benefits."

Hounshell said Judge Fields determined after several court hearings, that the actions of the Apache County Board of Supervisors to remove him from office were not supported by state statute and were illegal.

"I have maintained all along that the county was without legal grounds to remove me from office," he said.

"I am of the belief that these efforts have been, and continue to be, nothing more than the politically motivated actions of a small group of people that are not interested in the voices of the citizens of Apache County," Hounshell said.

He referred to Navajo Nation Council Delegate Larry Anderson's comments during a protest march through St. Johns with Grandma Marjorie Thomas: "What about the Constitution and what about our votes?" Anderson asked.

Hounshell's attorney, David Alan Darby, said the court's decision on the stay was what they expected. The motion would have required the sheriff to have no contact or direct involvement with the operation of the sheriff's office until outcome of the appeal.

"It would have essentially removed me from my office, which is what the county government has been trying to do all along. And once again, a court has determined that the county government is wrong," the sheriff said.

"This attempt by the board was encouraged and defended by the insurance pool and the Apache County Attorney, Criss Candelaria. Now, the county has hired another law firm to take their efforts to the Court of Appeals," he said.

"We know that they have spent thousands and thousands of dollars on investigations and legal actions. Each time they have come away empty-handed. The only thing they have to show for their efforts are legal bills," the sheriff said.

"Eventually, the taxpayers will have to decide how much money they are willing to let these people throw away.

"Especially when the county government claims it can't afford to provide services, living wages for its employees, or prosecution of violent crimes, all of which are things the citizens of this county have a right to expect their government to do," the sheriff said.