Maricopa County (Ariz.) supervisors on Wednesday gave private attorney Melvin McDonald the go-ahead to start working with a grand jury impaneled to investigate the 15-day standoff at Arizona State Prison Complex-Lewis.
But before the panel can conduct an administrative inquiry into the state Department of Corrections, the County Attorney's Office will have to head back to court.
If the investigation expands beyond potential criminal offenses, the office must file a petition with Superior Court Presiding Judge Colin Campbell, according to an order issued Tuesday.
"That's the normal process; that's exactly what we did before," Romley told supervisors Wednesday. "The judge has just recited the law as we know it."
Romley also pointed out that nonfeasance of public office is a crime.
The grand jury began work Wednesday. McDonald said that because its investigation is conducted in secrecy, he could not say whether he planned to seek the petition to broaden the scope of the investigation.
Tuesday's order from Judge Edward Ballinger was in response to a request by the state Attorney General's Office, which is representing the state Corrections Department, to dismiss the grand jury.
Gov. Janet Napolitano's own investigative panel, which is being led by her chief of staff, released its preliminary findings Tuesday. Republican legislative leaders, questioning the impartiality of Napolitano's panel, had asked Romley to launch a second investigation.
Because Romley has indicated he may run for governor, he appointed McDonald to head the investigation to avoid the appearance of a conflict of interest, he said.
County Supervisor Mary Rose Wilcox was the only dissenter during Wednesday's vote to designate McDonald as a special county attorney. She opposed using county funds for anything beyond a criminal investigation.
Romley could not provide a cost estimate for the investigation but said he will absorb the expenses in his own budget and will not request additional funds from the county.