Smith Center ? Smith County’s prosecutor is refusing to work closely with Sheriff Ellsworth Murphy, saying Murphy’s criminal record compromises the department Murphy heads.

“It’s going to be very difficult to work together,” County Attorney Allen Shelton told The Hays Daily News last week. “He will not come into my office. He is not allowed to. He has been told to communicate with me by telephone.”

Shelton also said that until Murphy – who has misdemeanor convictions for illegal eavesdropping and official misconduct – is replaced, he is unlikely to file any criminal charges based on investigations by the Sheriff’s Department.

“I don’t have any confidence in his veracity,” Shelton said. “If I put someone on the stand, can you imagine the questioning?”

Murphy denied he has been told not to go to Shelton’s office and said Shelton – a fellow Republican – was in danger of breaking the law himself.

“As for his not prosecuting any cases referred by my department, that would be a direct violation of his duty to the citizens of Smith County,” Murphy said. “In fact, I believe such action would probably subject him to forfeiture of his office.”

This is Murphy’s second stint as Smith County’s sheriff. He resigned in 1991 under allegations of misconduct and pleaded guilty the following year to putting an electronic listening device in the home of Smith Center’s police chief.

His appointment by the state Republican Party to replace Andy Holmes, who resigned in July after only seven months on the job, has sparked protests – not only from Governor Kathleen Sebelius, a Democrat, but from within the GOP.

The party has stood behind its selection of Murphy, who still must renew his law enforcement certification to remain eligible for the sheriff’s position. Murphy was scheduled to take a one-day challenge exam last week at the Kansas Law Enforcement Training Center, but director Ed Pavey said that has been postponed until next month.