Griffin files appeal in recall case

On April 19, Otero County Commission Vice Chairman Couy Griffin filed a stay in the New Mexico District Court recall case against him.

The district court stay was denied by Third Judicial District Court Judge Manuel Arrieta who had found probable cause to recall Griffin in the April 8 recall hearing.

"Given the timetable for a recall process and the accelerated nature of the appeal, there is no need to stay the recall proceedings as the appeal will likely be heard before the recall can be scheduled, assuming the requisite signatures are verified," Arrieta stated in his order denying the stay.

Griffin could ask for a stay in the state Supreme Court appeal, Arrieta stated in the denial.

More:Probable cause found in Couy Griffin recall case

Griffin claimed abuse of discretion by the plaintiffs in the recall case, jurisdictional issues, claims to unconstitutionality of the 14-day response window, claims that the amended complaints counted as separate complaints against Griffin which is goes against the Recall Act and that the recall petition was initiated by a PAC not listed as a party to the recall case

Griffin filed his appeal with the state Supreme Court on April 19.

In court documents, Griffin claims that state statute was not adhered to when the recall hearing was scheduled.

"This is a very cut and dry, very simple appeal," Griffin said in an email to the Alamogordo Daily News received April 19. "The law was not followed. And if anyone should understand that it should be the NM Supreme Court."

Griffin claims in court documents that the recall hearing was to be held within 14 days of the initial recall filing.

The original recall complaint was filed on March 11 and the recall hearing was held on April 8.

Griffin claims in his court filings that the 14-day window for the hearing expired on April 7 since the recall petition facesheet was filed on March 24. It was the petition facesheet's filing that initiated the 14-day window, Griffin's court filings state.

Griffin also noted in court documents that though the Committee to Recall Couy Griffin initiated the recall case, the committee itself was not listed as a party to the case.

The recall petition states that the Committee to Recall Couy Griffin and members of that committee initiated the recall.

More:Otero County residents form recall campaign for Cowboys for Trump founder Couy Griffin

The committee prepared the recall case against Griffin and presented five charges against the District 2 Otero County Commissioner.

These charges are failure to properly attend meetings, conduct resulting in banishment from Mescalero Apache Reservation, use of county resources for Cowboys for Trump business, filing improper travel voucher and violation of the Gift Act when he accepted a $3,500 donation from a restricted donor.

"The Committee to Recall Couy Griffin, and the specific plaintiffs that filed the 'Petition to Recall,' appreciate Commissioner Griffin using his right to appeal this case," Committee to Recall Couy Griffin spokesman Paul Sanchez said.

"We are confident in our case and look forward to responding to the NM State Supreme Court on any issue he may argue to overturn Judge Arrieta's rulings."

No hearings been set in the recall appeal case.

Nicole Maxwell can be contacted by email at nmaxwell@alamogordonews.com, by phone at 575-415-6605 or on Twitter at @nicmaxreporter.