LAS CRUCES, New Mexico (KVIA) -- A Writ of Mandamus was filed by Doña Ana County manager Scott Andrews last Thursday according to court documents obtained by ABC-7.
It claims that she is not carrying out her duties to commission new sheriff deputies, and threatens her removal from office if she refuses to do so.
In simple terms, a Writ of Mandamus is an petition filed against an elected official to force them to carry out their duties.
In an email attached to the court documents, Doña Ana County Sheriff Kim Stewart told her office last Tuesday that she had reservations about commissioning new 14 new cadets that would be graduating from the academy in two days from that point.
The graduation ceremony took place on February 13, 2025.
In the email, she stated she has no power to demote or decommission employees in her office due to the county’s merit system, which led to her saying “it begs the question of why I commission at all.”
The suit says in another email to the county attorney, she she said she would not be commissioning the new graduates or "anyone again."
According to the suit, the county attorney attempted to have a meeting with her the next day, which was unsuccessful.
A second attempt the following day, which was the day of the graduation ceremony, also failed.
The suit says commissioning new deputies is "required and necessary for the safety of the county, and adds quote, failure to perform her duty in any material way shall subject officer to removal from office.”
A spokeswoman for the county said manager Scott Andrews declined to discuss the suit, as it regards an ongoing legal matter.
However, another spokeswoman for Doña Ana County Public Safety did release this statement to ABC-7, saying "Doña Ana County has filed a Writ of Mandamus in the 3rd Judicial District Court to ensure that recent Doña Ana Sheriff academy graduates, who have successfully completed all necessary training requirements to serve our community, are able to begin serving as deputies."
The statement added "the Sheriff, Kim Stewart, has not yet sworn in nor commissioned these graduates who celebrated a graduation ceremony [Thursday], February 13, 2025. Manager Scott Andrews’ action seeks to uphold the integrity of hiring, training, and commissioning process while ensuring public safety and operational continuity within the Sheriff’s Office.
It added the county is "seeking to work toward a resolution with Sheriff Stewart that prioritizes the safety of our residents and the well-being of our deputies."
This is still a developing story, and we’ll be sure to let you know both on-air and online at KVIA.com if a resolution occurs.