An Orange County Sheriff’s Department deputy’s refusal to testify in some court proceedings – previously a key part of his job – is sparking debate about the rights of police to remain silent.

Sheriff’s Deputy Seth Tunstall recently notified prosecutors that he would not testify in future cases involving the Mexican Mafia, and would invoke his right against self-incrimination rather than endure attacks on his credibility.

Tunstall’s decision has forced county prosecutors to offer deals or rethink cases involving at least six defendants.

An official for the deputies union said Tuesday that Tunstall, like all police officers, did not lose his constitutional rights when he joined the Sheriff’s Department.

“Peace officers are afforded the same constitutional rights as all citizens,” said union president Tom Dominguez. “They do not lose those constitutional protections when they pin on the badge.”

But legal experts, including officials at the Orange County Sheriff’s Department, said police must be held to higher standards than the average citizen.

“Absolutely, the bar is higher for all police officers,” said Sheriff’s Lt. Jeff Hallock. “But the department is not in a position to dictate (Tunstall’s) constitutional rights.”

Hallock added: “We’re doing all the things we need to do, but it’s a process.”

Tunstall’s decision came after he was publicly questioned about sworn testimony he gave related to the department’s handling of jailhouse informants.

In March, Superior Court Judge Thomas Goethals said Tunstall and Deputy Ben Garcia “either intentionally lied or willfully withheld evidence” during misconduct hearings in the case of admitted mass killer Scott Dekraai.

Sheriff Sandra Hutchens in past interviews has said Tunstall and others were ill-trained to testify and that the department did not have a policy for handling jailhouse informants.

Hallock said the department is conducting an internal investigation into Goethals’ ruling.

Sam Walker, a retired professor of criminal justice from the University of Nebraska at Omaha, said the department has the option of letting Tunstall go.

“Yes, he has the right to invoke, but he doesn’t have the absolute right to his job,” Walker said.

“If he refuses to testify, which means he is refusing to do his job, he can be terminated.”

Chuck Wexler, executive director of the Police Executive Research Forum in Washington, D.C., said officers must be able to perform all aspects of their jobs, including testifying in court.

“It’s not about having the same (constitutional) rights, it’s about doing the job. If you’re involved in a case, you’re the expert,” Wexler said. “He has to be able to perform his job, that’s what he gets paid for.”

The Police Executive Research Forum is a non-profit organization that advises police chiefs.