Friday, February 17, 2012

Judge Green defies Sheriff Lewis. Only Judge Green can fire bailiffs and set their pay.

Or, Judge Tomie Green still has problems understanding the concept of separation of powers.


Hinds County Circuit Judge Tomie Green told Sheriff Lewis his authority over his employees ends at the courthouse doors. Judge Green issued an order late this afternoon preventing Sheriff Tyrone Lewis from transferring, demoting, or reducing the salaries of any bailiffs without her consent. The order was also signed in concurrence by Judges Melvin Priester, Bill Gowan, and Patricia Wise. The Sheriff attempted to transfer several bailiffs to other duty and reduce the rank of some who are not certified law enforcement officers.

Sheriff Tyrone Lewis told JJ thirty-one HCSO employees were assigned as bailiffs: two captains, five sergeants, three corporals, and twenty-one deputies. Only one captain and two deputies are certified. The Sheriff said he preferred to have captains and sergeants supervising deputies, not sitting in a courtroom full-time. The Sheriff also said bailiffs who were not certified were going to be reduced to the rank of deputy unless they obtained said certification and receive deputy pay as well. Sheriff Lewis said he has been reorganizing the staff with an emphasis placed on deputies who are certified law enforcement officers.

The order refers to a previous order issued by the circuit court in 1996 establishing the rules and procedures for bailiffs serving Hinds County.The order states Sheriff Lewis entered special orders on February 15, 2012 that "adversely affected" bailiffs attached to the courts of Hinds County. Judge Green claims the orders also demote, transfer, and reduce the pay of said personnel without the "notice and consent of the Circuit Court of Hinds County." Judge Green decreed the orders are in direct violation of the 1996 order.

Judge Green also said the 1996 order states the Sheriff can not discharge bailiffs without the consent of the judge and must set their salaries on an "equitable basis" (See 1996 order posted below). The 1996 order states "Salaries for Court Bailiffs shall be set by the Sheriff on an equitable basis". The Sheriff told this correspondent he considered different levels of pay based upon certification to be equitable. The 1996 order refers to the bailiffs as "officers of the court" and said they "do not function as party of any law enforcement agency." The 1996 order states the bailiff is "a confidential employee of the judge" and the Sheriff "may remove" them for "good cause upon advice and consent of the judge."

It should be pointed out the orders do not cite any law from the Mississippi Code or Constitution nor is any case law mentioned. Section 19-25-19 of the Mississippi Code covers the hiring of deputies by the Sheriff:

"Every sheriff shall have power to appoint one or more deputies to assist him in carrying out the duties of his office, every such appointment to be in writing, to remove them at pleasure, and to fix their compensation, subject to the budget for the sheriff's office approved by the county board of supervisors. Such deputies shall have authority to do all the acts and duties enjoined upon their principals. Every deputy sheriff, except such as may be appointed to do a particular act only, before he enters on the duties of office, shall take and subscribe an oath faithfully to execute the office of deputy sheriff, according to the best of his skill and judgment. The appointment, with the certificate of the oath, shall be filed and preserved in the office of the clerk of the board of supervisors. All sheriffs shall be liable for the acts of their deputies, and for money collected by them. The circuit court, after a notice and a hearing, shall have power to remove such deputies and also bailiffs, upon a showing that the public interest will be served thereby. Each deputy sheriff shall be at least twenty-one (21) years of age, a qualified elector of the State of Mississippi, and shall not have been convicted of a felony. Prior to appointing any person a deputy sheriff, the sheriff shall determine that the proposed appointee is of good moral character and is capable of fairly and impartially enforcing the law of the State of Mississippi."

The Mississippi Attorney General issued an opinion on the matter of who has the power to hire and fire bailiffs in a 1998 opinion (Opinion No. 98-0687)*:

"Therefore, a deputy who is serving as bailiff may be removed from office at will by the sheriff or may be removed from office by a circuit judge after notice and a hearing, if the public interest will be served. There is no statutory provision that gives the court the authority to “veto” or invalidate a sheriff's decision to transfer a deputy serving as bailiff."

The Sheriff and his counsel Dana Price said they had not decided on what course of action would be pursued regarding Judge Green's order. The Sheriff also said the judges were free to supplement the bailiffs' pay with funds from their own budgets.



Additional Attorney General opinions:

Opinion No. 96-0166 (March 29, 1996)
: 3. "In general terms, to whom does a deputy sheriff assigned to bailiff duty by the sheriff ultimately answer, the sheriff who appointed him or the judge to whom he has been assigned?"

Thus a sheriff has ultimate authority over a deputy appointed by him, even if that deputy is assigned as a bailiff. The sheriff has the authority to transfer or terminate a deputy at will. However, §19-25-19 also states, “the circuit court, after a notice and a hearing, shall have the power to remove such deputies and also bailiffs, upon a showing that the public interest will be served thereby.” Therefore, a deputy who is serving as bailiff may be removed from office at will by the sheriff or may be removed from office by a circuit judge after notice and a hearing, if the public interest will be served. There is no statutory provision that gives the court the authority to “veto” or invalidate a sheriff's decision to transfer a deputy serving as bailiff

46 comments:

KaptKangaroo said...

The gift that keeps on giving.

Anonymous said...

In both courthouses, the entrances are stocked with five or six deputies doing nothing other than screening the occasional visitor. Seems to me some of them could be dispatched to Dunn's cavern for clean-up duty if nothing else.

Anonymous said...

This guy reminds me of Sheriff Joe Aparo. He has balls to do the right thing.

Nuff2Say said...

Well Sheriff Lewis, in my opinion, should make Thou All Knowing Green and the other All Knowing Judges pay for their "confidinitial employees". Sheriff Lewis is just trying to reduce his budget. He's doing a great job. He didn't create this mess he just got voted into it.

Ironghost said...

Aparo is also known for suppressing dissent against his reign. Let's hope Lewis never gets to his level of Fascism.

Anonymous said...

Ridicious to keep these people on sitting around doing nothing two-thirds of the time. I support Sheriff Lewis. He walked into a royal mess he is just trying to straighten out. Good for him!

Anonymous said...

Many of Judge Greens decisions get overturned by appellate courts. She is a fat jOke. Nuff said!

Curt Crowley said...

I may be mistaken, but I think that 1996 order was the result of a similar pissing contest between McMillin and one of the judges. And if I recall correctly, McMillin gave the order about as much deference as it merited.

Mississippi has a real problem with that whole separation of powers thingy.

Personally, I think Sheriff Lewis should simply throw the order in the trash can and proceed with the job he was elected to do. What can they do? Hold him in contempt? Good luck finding someone to serve the warrant, as that duty also rests with the executive branch--in this case that would be the Sheriff.

Anonymous said...

Curt Crowley writes above, "Good luck finding someone to serve the warrant, as that duty also rests with the executive branch--in this case that would be the Sheriff."

Actually, that's not so. Constables are normally used to serve and/or arrest personnel of a sheriff's office. In truth, that is the biggest reason the office of constable has not been abolished. It's the main way to get around an uncooperative sheriff or avoid a sheriff's office where somehow info always leaks to the bad guys.

Also, within city limits, a city police officer can serve or arrest a sheriff.

Anderson said...

So Judges Owens, Weill, Singletary, and Thomas had too much sense to sign on? That tells you something right there.

Anonymous said...

oh yes! "toemmie" is at it again! Gads, where is Swan when you need him...?

Anonymous said...

It's a small step by the new Sheriff, but it is a long time coming. For years, the tail wagged the dog. In layman's terms, the Sheriff bullied the Board and got his way. The Board is primarily to blame for allowing this situation to fester for as long as it did. In almost every other county in the state, the Sheriff lives within the budgetary constraints set by the Board.

I don't blame McMillin. He did what he could and grew his base. However, an honest assessment needs to be made of that department. Luxuries like $40,000 bailiffs, especially those who aren't certified LEOs is a start. Like Lewis or not, I applaud him for actually making an effort and realizing it is no longer 1996. With a shrinking population, the department staffing should reflect that hard fact. A shrinking tax base means shrinking revenue for the county as a whole. Two major steps can be done now to maintain the department as is now.

First, get the City of Jackson to pay for housing it's detainees / prisoners. It is unconscionable that no local and private agreement has been struck for all these years. Jackson is responsible for the super-majority of the jail population. This costs the county at least $2 million annually (very conservative figure). I know the City will tell the county to piss up a rope. However, they need to pressure Jackson to pay it's housing costs. The free ride must end.

Second, ignore the order. The bailiffs are responsible for at least $1 million of his budget. Don't forget the true cost of employment including employer matches on PERS, health insurance, etc. Screw those egotistical judges. Let them meet a payroll and live within their means for once.

The big question is this....what are your true needs? I realize costs have gone up in many areas such as prisoner food, fuel, etc. How big do you need to be when you have major population areas already served by local police? The two items I mentioned account for roughly 5% of Hinds County's budget. Just like us human beings, we grow fatter if we age unchecked. The Sheriff's department can be looked at with the same analogy. It's time to get it on a program to burn fat and gain strength. Shrinking doesn't necessarily mean less service. Think it through.

Thanks Kingfish for commenting on this. Hopefully, Lewis won't use of threat of releasing prisoners if he doesn't get his way with his budget.

Anonymous said...

Tyrone Lewis is making the argument that he is attempting to reduce cost. Not true. He is attempting to either fire bailiffs or convince them to quit so that he can replace them with promises he has made to provide jobs for friends. Once the replacements have been made, their pay will be over and above what bailiffs make now. Tyrone Lewis has been making large amounts of money over recent years testifying as an "expert" witness. He wants to further learn the court system so that after his 4 years as sheriff are up he can reap more pay as an "expert". His friends in the bailiffs position plan to help him orchestrate that plan. Tyrone Lewis has lied on the stand as an "expert" witness while he was police chief. Tyrone Lewis is a crook and the judges all know it. The judges have shown great restraint. While Tyrone Lewis talks about trying to reduce his budget he authorizes big paychecks for his command staff not to mention provides them all with big flat screen televisions and new office furniture. Tyrone Lewis has no respect for the law and thinks he is above the law. It is hard to believe that a man with his low moral character was elected as the Sheriff of Hinds County. Sad time for Hinds County.

Kingfish said...

So we should have 2 captains, 5 sergeants, and 3 corporals sitting around as bailiffs, and only one of them is an LCO.

Curt Crowley said...

9:02, do you wear the tin foil hat all the time or just when you get on the internets?

Do you have any evidence to support your theory that this is all part of some sinister master plan to "learn the courts?"

Anonymous said...

Good job, Sheriff Lewis! He is doing the right thing here whether you like him or not. McMillan had a lot of buddy deals and unnecessary job positions and wasted salaries going out! I'm glad to see Lewis grab this bull by the horns.

Curt Crowley said...

12:30am, viewed in a vacuum, you are technically correct. My comment takes into account certain...uh..."practical considerations" that would make enforcement of the order unlikely.

Anonymous said...

February 18, 2012 9:02 AM: He is attempting to either fire bailiffs or convince them to quit so that he can replace them with promises he has made to provide jobs for friends. Once the replacements have been made, their pay will be over and above what bailiffs make now.

I have no inside knowledge of the situation BUT finding or recovering $$$ in one part of a large salaries budget in order to enhance or lavish additional $$$ upon other positions in the same pool is a very common place event.

To the victor go the spoils and should Lewis want to use his budget for salaries differently that is understandable and his decision to make.

Anonymous said...

So by 8:30 am's wrong headed assessment we taxpayers in Hinds county can thank Sheriff McMillin for; bullying the board of sups into purchasing the Valley Title Building, providing a $5000.00 yearly deductible for its employee health insurance, for not repairing the "tort claim waiting to happen" courtyard surface b/w HCSO and the courthouse,and for contracting out cleaning the courthouse rather than continuing to use free inmate labor for the task, and on and on.... When Sheriff McMillin left office he left a balanced budget and a reserve unit that offset many overtime and other costs. It is unfortunate that the post at 8:30 am is unfamiliar with the mandates from the US Justice Dept on the number of inmates that can legally be housed in the 594 bed facility for pre-trial detainees or with the fact that attorneys like Ron Welch will help you with this issue by serving you a few papers. It is not playing on fear of the public that lead to early release of inmates but following the law. Maybe Mr. Lewis can start an endowment or slush fund from his expert testimony paychecks to help those jailers who make $15,000.00 a year pay that $5,000.00 deductible or to pay the comp and sick time of those he fired and forgot they would still have to pay. If you like what Mr. Lewis did with JPD then you're gonna love what he can do for the sheriff's dept. "It is what it is" maybe we can just dance it off at a Lewis-style public facility social. Dance contest in cell block six. We can do better?

Anonymous said...

Tyrone Lewis is a crook and he did lie on the stand as an expert witness. But all Sheriff Departments have a turnover when a new Sheriff comes in . He was not loved at JPD as a chief trust this I have inside info on that matter. But yeah he has hired his buddies and will hire more of them that is the nature of the beast. But hopefully a better person will be Sheriff next election

Curt Crowley said...

While Sheriff Lewis deliberates on this unlawful intrusion upon his authority, I respectfully submit that the solution to his problem may be found in the following judicial training video:

Etiquette Lessons for Judges.

Such a course of action should clarify the respective parties' areas of responsibility around the courthouse.

Anonymous said...

Tyrone Lewis, while a deputy chief at JPD took money from private attorneys to testify for JPD and lied about what was in police reports on the stand. The Supreme Court made that ruling in 2010. Which is worse: Tyrone Lewis committing perjury or prostituting his position at JPD. It does not matter how many friends Mr. Lewis has or that everyone says "he's a good guy". Tyrone Lewis helped his son break the law. He helped his son use the police academy to profit from a cover charge to use the facility for private parties. He exploited his position as Chief for personal financial gain. He broke the law and committed perjury in his capacity as a law enforcement official. One can only wonder what else Mr. Lewis has taken money for in his eagerness to pad his bank account. As Sheriff, his potential for unlawful gain is even greater.

Anonymous said...

What's the issue here ? Such crap is common and expected in all third world administrations.

Maybe Stokes can appoint Enoch Sanders to chair a committee to look into any wrongdoing.

Sorry, ... I forgot, there are no Whites involved in this
dispute.

Curt Crowley said...

2:20pm, I'm curious. Did you have the same response when Sheriff McMillin fought this very same fight with a judge who tried to control who he hired and fired as bailiffs?

Regardless of whether you believe he should be Sheriff, the fact is that Sheriff Lewis is right on this issue.

Anonymous said...

Just as in some football matchups: It's a shame they can't both lose.

PS awdul verification words are back :-(

Anonymous said...

" PS awdul verification words are back :-( "

Huh? What are "awdule verification words" ???

Anonymous said...

'Yo' sheriff is no better than the scum he hangs with. Won't be long until he is taken down by one of his thugs. Looking forward to the day.

Anonymous said...

Most native English speakers could substitute the letter typed mistakenly and realize the word is "awful".

Sort of like how 5:48 mistyped "awdul" as "awdule" but i could still figure out the intended remark.

Anonymous said...

Yo Sheriff is a one term sheriff. Some one will run who has more integrity than he does. Once you lose your credibility as a Law enforcement officer you can't get it back. Perjury is a scarlet letter on him forever not to mention exploiting the police academy for financial gain .

Anonymous said...

11:16 Wish that it was true, but the voters knew about the perjury and elected him anyway. Jacktown is hopelessly F'ed and circling the drain. Hoard-working, productive taxpayers who care about good schools and low crime should just abandon ship. It is NOT going to get better no matter what the Pollyannas tell you.

Shadowfax said...

During court, who is considered the supervisor or employer of a bailiff in this situation? Where is the straight line and which enjoys the dotted line and which of them rules and when. I know the judge issues procedural instructions and can demand an on duty do this or that during court; but, is this not sort of like a temp on assignment at a particular workplace? And if not, does the judge have the authority to allow half a day of sick leave for the bailiff or grant his absence from court next Thursday for a personal matter? These may be important considerations. Well, at least as important as the rest of this whole thread. lol.

Kingfish said...

So some of you think its ok to have 2 captains, 5 sergeants, and 3 corporals as bailiffs, and only one is certified. Or its ok to have 31 bailiffs.

Think about that, out of 118 or so deputies, 31 are bailiffs. See a problem?

Anonymous said...

It is time to end this squabble that has been ongoing for 16 years. Get the supreme court to rule. It is 100% certain The Sheriff wins. Also file a judicial complaint. Big Momma has lost her mind. I'm also shocked that Preister, Gowan, and Wise signed it too.

Kingfish said...

I'd first ignore the order, then if Tomie holds him in contempt, then go to MSSC where they can slap her down- again.

By the way Ladd, if you try to defend Green, you better get around that AG opinion from 98 or the fact none of the orders cite any law of any kind and that there is a statute on point.

Anonymous said...

There are 13 judges in the Hinds County Courthouse. There are 4 judges in the Chancery Courthouse. 17 judges require a great deal of security. Let something happen to one of those judges and the whole judicial system would be fractured. Even if you remove their rank, bailiffs are an important part of the judicial process. They do much more than sit in the courtroom.

Kingfish said...

BS. There is only ONE Justice Court in session at one time. THere are 4 chancellors, 4 circuits, 4 county courts and we will say 1 justice court. 13 judges and they do NOT all have sessions at the same time either.

How many courthouses do you see 3-4 bailiffs at the front? Rankin and madison have exactly ONE when I go to those courthouses. City Hall across the street has ONE. Actually when I come in the Chancery building in Madison from the main parking lot, there is no police officer. Just one upstairs by the actual courts. Seems to work fine.

Kingfish said...

Make that 3 county court judges so a grand total of TWELVE at one time IF they ALL had court at the same time.

Anonymous said...

But if they aren't certified LEOs then their abilities to respond in dangerous situations comes into question regardless of time on the job. If you are truly concerned about security then every bailiff must be, at the minimum, a certified LEO.

IMO anyone arguing for a standard less than that is only interested in maintaining the status quo. Really no different than McNulty wanting firehouses staffed with personnel who can't pass the test. But, maybe that is okay with you also.

Anonymous said...

Sheriff Lewis was quoted in the Clarion Ledger saying he was trying to "do more with less". He should consider reducing his own pay of 105,000 plus all the perks before he starts reducing the pay of the lowest paid employees in his department. Other elected officials in Mississippi and across the nation have reduced their own pay while cutting subordinates pay to maintain a balanced budget.

Kingfish said...

You call captains and sergeants the lowest paid?

Anonymous said...

aaaaaah yes! tyrone and his merry band of thugs!

Anonymous said...

Yo sheriff's 'executive' administrative assistant makes twice as much as the highest paid baliff. Guess it cost a lot to have someone kiss your azz and make coffee. The position could easily be replaced with an 'average' secretary and 'average' pay. No one really knows what goes on behind the scenes unless you work there. yo sheriff screwed many, many employees out of vacation pay when they left. He is scum. A liar is a thief and a theif is a liar. One in the same.

Anonymous said...

6:05 you are right like the voters just disappointed me by elected but the voted by blind faith . I feel for this county it will go under soon enough with leaders like Lewis and Stokes .

Shadowfax said...

Federal judges are protected (at least in the Greenville District) by retired troopers and retired local police department detectives. One would assume this is because they can go through the annual pistol qualification and are used to the hum-drum of the drill. They're required to wear blue blazers and cannot take the Glock home with them at night. I'm sure Tyromes is looking at that as a model.

Anonymous said...

The Emerald Queen
by anonymous

Tomie Green is a buffoon,
she is shaped like a balloon.
If you ever go before her,
you better be a good law-yer.

Cause if you write a good brief,
she will cause you some grief.
evrytime you make a point
It was her they did annoint

The emerald queen

Anonymous said...

Shadowfax, the United States Marshals service provides security for the federal judges and federal courthouses. These are highly trained Individuals who must complete a 17 week training course and maintain a high level of proficiency to remain in the position. The marshals are supported by contract court security officers who are the retired LEO's you wrote about.

Judge Green doesn't even want Hinds County bailiffs to have to qualify with the firearms they carry much less go through the states basic 9 week LEO course of training. It seems she just wants them to get paid like they have.

It seems to me the bailiffs don't want to go to practice but expect the coach (Sheriff) to start them on Friday night. When this didn't happen they ran to Big Momma and whined about it. If they want to be paid and treated like a professional they need to go get trained to be a professional.



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