Under Article IX, Section 10 of Maine law, the Governor has the ability to remove the sheriff, but only after he officiates a hearing, which may only occur after someone files a formal complaint against a sheriff. The sheriff is then notified.
A Maine revised statute, title 30-A, Part 1, Chapter 1, Subchapter 6, Article 7 says that the complaint may come from the county commissioner in which that sheriff works. Governor LePage also referred to the provisions of Executive Order 001-2011 LePage signed in January of 2011, which orders, "Employees and officials of the State of Maine shall cooperate with employees and officials of the federal government on all matters pertinent to immigration, subject only to any limitations imposed by statutory law or by the Constitutions of Maine or the United States."
The Cumberland County Commissioners said they have not filed, and won't file, a complaint against Sheriff Joyce.
Despite this, a constitution lawyer told NEWS CENTER the law is unclear about whether the governor can act as both the complainant and the judge.
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