Ruling: Suspended sheriff can question former prosecutor, but not governor

WILLISTON — Attorneys for McKenzie County Sheriff Gary Schwartzenberger will be allowed to depose the former special prosecutor in the case, as well as other state officials, the Special Commissioner handling the removal proceedings against Schwartzenberger ruled Wednesday.

Michael Geiermann, Schwartzenberger's attorney, had subpoenaed Todd O'Driscoll, who asked earlier this year to be removed as special prosecutor, along with Gov. Doug Burgum, Lt. Gov. Brent Sanford, Leslie Bakken Oliver, counsel to the governor, and Troy Seibel, deputy attorney general. Geiermann contended two letters O'Driscoll sent to to Burgum earlier this year regarding the Schwartzenberger case, one suggesting dropping the removal proceedings and one asking to be removed from the case, were improper.

All five officials had asked for the subpoenas be rejected.

In an order released Wednesday, Special Commissioner Karen Klein, ruled that Geiermann could depose O'Driscoll, Oliver and Seibel, but not Burgum or Sanford.

She wrote that it would be inappropriate for Burgum to be deposed, since he is the only one who can make a final decision about whether Schwartzenberger is removed from office.

Read more: http://www.inforum.com/news/4290517-ruling-suspended-sheriff-can-question-former-prosecutor-not-governor