County Submits Brief In Support Of Piocos’ Case Dismissal
Roosevelt County has submitted a reply brief in support of motion to dismiss in the case involving former county attorney Frank Piocos.
The lawsuit by Piocos seeks declaratory relief and claims the county didn’t have authority to remove Piocos from office.
The reply brief from the county notes that two of the three necessary prongs to the public exception are not satisfied.
District judge Katherine Bidegaray ruled in February that Piocos wasn’t an eligible candidate after Wolf Point resident Darla Downs claimed that Piocos wasn’t qualified to assume the office of county attorney because he falsely registered as an elector of Roosevelt County.
Piocos, who is being represented by Phillip J. DeFelice, argues “The District Court voided the election but did not remove petitioner from office.”
The action notes that the court didn’t issue an ouster order or a removal order. On Feb. 3, the Roosevelt County Sheriff’s Office, at the direction of county commissioners, physically removed Piocos and his belongings from the county attorney’s office.
