Otero County will not provide legal representation for Couy Griffin in lawsuit to remove him from office

The Otero County Commission declined a request by District 2 Commissioner Couy Griffin to finance personal legal representation in a lawsuit to remove him from office.

The decision was made at a special meeting July 1 and based on concerns of violating New Mexico's and the County's own anti-donation clause. The New Mexico Anti-Donation Clause states that "neither the state nor any county, school district or municipality... shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private corporation."

A quo warranto lawsuit was filed by Marco White, Mark Mitchell and Leslie Lakind naming Griffin's participation in the Jan. 6 riot in Washington, D.C. as grounds for his removal from office. In quo warranto is "a common law remedy which is used to challenge a person's right to hold a public or corporate office," according to Cornell Legal Information Institute.

On Jan. 17, 2021, Griffin was arrested on a federal trespassing charge for entering and remaining in a restricted building. He was found guilty and was sentenced June 17 to 14 days' time served, $500 restitution, a $3,000 fine, community service and one year of supervised release.

In a statement to fellow Commissioners he denied any connection to the riot.

More: Couy Griffin sentenced to 14 days, $3,000 fine for Jan. 6 misdemeanor convictions

"This lawsuit is to remove me from my capacity as county commissioner and prevent me from running for county commissioner, too on the basis that I was part of an insurrection in Washington, D.C. in which I haven't been charged or convicted of anything of the sort," Griffin said.

Griffin said he called the meeting after Otero County Attorney R.B. Nichols declined to give Griffin a public statement as to why Otero County could not provide Griffin with legal representation in the matter.

Nichols said that only the Otero County Commission can issue official County statements.

"I can provide advice to the Commission on how they should do something, but an official County position comes from the county commission," Nichols said.

Both the law firm of Mynatt Martínez Springer and the New Mexico Association on Counties advised against Otero County providing legal representation to Griffin, Nichols said.

More: Otero County looks to upend state voting regulations following June 7 primary election

"I don't feel like we can legally do this in support and representation just because of the Anti-Donation Clause and the other things that have been written out in these legal opinions that we've gotten," Otero County Chairwoman Vickie Marquardt said. "I wish you (Griffin) the best in this and I definitely encourage you to get legal representation, but I just don't think we can do it through the County."

The Alamogordo Daily News learned that David Smith and Michael Smith, Griffin's legal representatives in the case, withdrew as his counsel ahead of a planned appeal on the June 17 sentencing.

"(Griffin's) counsel do not have the capacity to handle (his) appeal and counsel and (Griffin) have disagreements on certain issues pertaining to the case," court records dated June 27 state.

Griffin's is also in an ongoing legal battle over orders to register Cowboys for Trump, an organization he founded, as a political action committee.

A jury trial in the criminal case against Griffin for his alleged failure to register Cowboys for Trump as a political action committee is scheduled to begin Sept. 19.

In July 2020 an arbitrator chosen by Cowboys for Trump agreed with New Mexico Secretary of State Maggie Toulouse Oliver that Cowboys for Trump fell under the jurisdiction of the Campaign Reporting Act and should be registered as such. Griffin and the organization were ordered to file delinquent expenditure and contribution reports beginning in 2019 and to pay $7,800 in accrued fines.

Griffin has fought the arbitration as far as the U.S. Federal District and Appeals Courts. The case was reopened at the state district level where on June 2, New Mexico First Judicial Court Judge Maria Sanchez-Gagne denied the Griffin/Cowboys for Trump motion to reconsider the judgement.

On June 29, Griffin/Cowboys for Trump filed a notice of appeal for Sanchez-Gagne's denial of the motion to reconsider judgement.

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

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