Los Alamos County Sheriff Marco Lucero, right, and his attorney Blair Dunn await the start of a hearing Tuesday afternoon before First Judicial District Judge Francis Mathew in Santa Fe. Photo by Maire O’Neill/ladailypost.com

Los Alamos County Attorney Alvin Leaphart, right, Assistant County Attorney Katie Thwaits and Assistant County Attorney Kevin Powers Tuesday afternoon in Fifth Judicial District Judge Francis Mathew’s courtroom in Santa Fe. Photo by Maire O’Neill/ladailypost.com

Los Alamos County Sheriff Marco Lucero is sworn in before Judge Francis Mathews Tuesday afternoon in First Judicial District Court. Photo by Maire O’Neill/ladailypost.com

First Judicial District Judge Francis Mathew denied a preliminary injunction requested by Los Alamos County against Sheriff Marco Lucero during a hearing Tuesday in Santa Fe attended by several representatives of sheriffs offices in New Mexico.

The ruling is not the end of the story for the issue of the extent of the duties of the Los Alamos County Sheriff. Although Judge Mathews denied the petition for the preliminary injunction, which asserted that Lucero has exceeded the limits of lawful authority placed on him by the state constitution, the Court will hear the petition sometime in early May for permanent injunction and Lucero’s request to have his staff and budget restored.

Judge Mathew said that based on the standard for granting an injunction and the elements that are required, it was his decision that those elements had not been met although there had been great reliance on the Vaughn case filed in 1976 by then Sheriff Larry Vaughn against the County on an amendment to the Charter. The ruling in that case was that the County, through the amendment, assigned to the Los Alamos Police Department all law enforcement duties involving the keeping of the peace.

Judge Mathew said Justice Felter found in the Vaughn case that the County of Los Alamos assigned to its police department all law enforcement duties related to the keeping of the peace, however, he also found that all other statutory and customary functions and duties of the sheriff remained with the sheriff of Los Alamos County.

“I cannot say that the argument that was advanced today was argued to Judge Felter at the time. Furthermore, it has not been shown that the issuance of the injunction would not be averse to the public’s interest in the circumstances when we’re dealing with law enforcement in the situation we have here, so I am denying the preliminary injunction and will go forward with setting this case on an expedited basis to get this matter resolved,” Judge Mathew said.

Following the hearing, Los Alamos County Attorney Alvin Leaphart told the Los Alamos Daily Post that he respects the Court’s opinion and that his office will begin preparing for the final hearing on the permanent injunction.

“We are pleased with the Court’s expedited schedule in the case to have this issue wholly resolved in the public’s interest,” Leaphart said.

Sheriff Lucero told the Post Wednesday that, “You are never wrong to do what is right”. His attorney Blair Dunn was a little more vocal stating that the statutes are clear and that the County is just wasting money pursuing the case when there is no indication from the Court that they are on solid ground.

“When a judge rules on the likelihood of success on the merits, it’s very telling,” Dunn said.

Judge Mathew said that due to public interest, the May hearing will be held in Los Alamos.

Los Alamos County Attorney Alvin Leaphart uses a chart to explain his case in Fifth Judicial District Court. Photo by Maire O’Neill/ladailypost.com

A group of representatives from throughout the state watch the proceedings Tuesday afternoon in First Judicial District Court. Photo by Maire O’Neill/ladailypost.com