Sheriff Tyrone Lewis filed a notice of appeal to Hinds County Circuit Judge Tomie Green in the past few minutes. Judge Green issued an injunction last month barring the Hinds County Sheriff from demoting, transferring or releasing any bailiffs without her consent. Judges Patricia Wise (Mother of the Board Attorney), Melvin Priester, and Bill Gowan (Formerly Sheriff McMillin's attorney)signed the order. Judge Green took the action after Sheriff Lewis attempted to transfer and demote some bailiffs who were not law enforcement certified.
Sheriff Lewis said he wants to replace the deputies with certified law enforcement personnel. There are only three bailiffs (out of thirty-one) who have graduated from a police training academy. Only one of the two captains, five sergeants, and three corporals is certified. Sheriff Lewis also said he preferred deputies with rank to be out in the field supervising instead of being in the courthouse all day. There are currently two bailiffs assigned to each judge in addition to those who handle security at the entrance to the courthouse.
*Judge Green's 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It should be pointed out the orders do not cite any law from the Mississippi Code or Constitution nor is any case law mentioned.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."
*Everything after this point is taken from earlier post linked below. Earlier post includes copy of order.
Editorial
Earlier post
Monday, March 12, 2012
Breaking: Sheriff fires back at Judge Green
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24 comments:
You'd think that TG would get tired of being overturned on appeal. Maybe she needs to get her own in-house counsel to guide and direct her instead of baliffs. Just sayin'
What is her issue here? Safety? Personal favors? Why would she put forward this foot (with supporting cast) a losing position? Power move?
Guess it doesn't matter your background, position, or whatever; power move is still a power move - regardless of the motive.
Of course it's a power move. That's all these "powerful" Black Women are concerned about.
Same M.O. as the new Stokes woman on the Jackson City Council.
I'm glad to see Sheriff Lewis Stand up to her.
Over the last few years, it has seemed as if the Black Male leaders have been scared shit-less of their
own women.
The "ATTORNEY FOR APPEALLANT" may want to check out MRAP.
Of course "It's a power move". But, it's a power move on the part of the Judge as well as the High Sheriff. It's a matter of who can 'out ball' whom and which ultimately will get the black ball.
Meanwhile, out on the skreet!...
my gawd ya'll! Where is Swan when we need him...? When Swan retired it made toemmie green SENIOR Hinds co. judge...and, as they say, the rest is history...and from what I hear, there were to many white bailiffs to suit tyrone....you have to wonder just how many more of these clowns can the tax base support? (in the lifestyle they think that they are intitled to)
In other changes, I heard that "yo sheriff" shut down a longtime Sunday morning jail ministry that apparently involved several local churches on a rotating basis. One of these groups showed up Sunday morning and were turned away. It was the first notice they got that the program was over. Regardless of your religious or political affiliation (or lack thereof), there are right ways and wrong ways to handle things.
I think some better questions is "Why is Tyrone paying his secretary $4300 a month?" or "Why did they just spend mass amounts of money on office furniture but can't buy any operating equipment?"
Must be nice to get $4300 a month for decorating offices and telling Tyrone what to do. And the furniture, supposedly bought out of drug seizure money that is only supposed to be used on enforcement items.
He is already hiring on all the JPD people he can (command staff, officers, IAD, Evidence vault, communications room) with another 26 JPD in line to be hired on when the quarter be renewed. Nepotism is just as bad as it was with Mcmillin. He is hiring on the members of his church and secretary's relatives, bet his son starts working at the SO has the "Department DJ".
The people in Jackson already were calling the SO for help before Tyrone took office. Now they and the citizens of Hinds county will be happy to know that when they call for help they get to speak to the same JPD employees that wouldn't help them to begin with. Better get ready Hinds County! Soon it will be like you all live in Jackson.
The church ministry has been changed because some Pastors were bringing in contraband. It was stupid for red to ever allow a "preacher" full access to a jail. Stupid I say!
madison and rankin we DO have a dog in this hunt... once the cancer has eaten jackson where do you think it will go, Ridgeland is already going in that direction, white folks in this state are weak they just up and move, if you dont stand there will be no place else to move
6:44am said "there were too many white bailiffs to suit Tyrone."
Why is it that some people are hell bent on perpetuating the lie that Sheriff Lewis has something against white people? The Sheriff has put together one of the most racially diverse departments in the State. He has gone out of his way to make white folks part of the team.
Free the land! Free the land!
Put on your dashiki and let the good times roll.
And (Crowley)that is part of the problem. Blacks put "yo" Sheriff in office because he was black. And now he is pandering to the whites? People please vote for who will get the job done. I wasn't crazy bout MAC but i felt he was better than Lewis.
That's the only reason he won because he was black . Tyrone Lewis exploited JPD and he will do it as Sheriff he should have been indicted for the perjury he committed.
where is Paul Barrett when we need him?
yo Curt! Remember the illegal media stunt in front of the Hinds County Court House when chewbakka proclaimed "it is time for a white sheriff in Hinds County" with tyrone beaming in the background? hmmmmm? just where in the hell do whites fit into that scenario turbo?
Drug money my rearend. The money you all speak of is Court funds and some of that came from extortion. But don't believe all you hear: court document extortion @ www.classvictim.com
Ty-Rone's power struggle. Hope the Judge prevails.
"just where in the hell do whites fit into that scenario turbo?"
Well let's see. So far they've fit into the Chief Deputy's office, the command staff, and deputy positions.
Sheriff Lewis cannot win with some people. Either he hates white people or he's pandering to them.
Seems to me he is making fairly race-neutral hiring decisions and filling positions with very qualified people.
blah! Blah! Blah! turbo.... if you really think tyrone's " yo sheriff's department" in top heavy with whites you need to put down your crack pipe for a while!
I don't know where most of these tyrone supporters are getting their information but I think it's really sad that people have to work in an environment where they don't know if they have a job the next day. If you disagree with him, he fires you. At least Mac had a disciplinary review board that actually gave an employee a chance to defend themselves. Now, for those who commented on the racial make up of the command staff, if that's what you want to call them, all they do is bark orders and curse at employees. There is no compassion in this administration because none of them are capable of , or desire to have it. yo' sheriff cannot be spoken to by employees, give me a break, even the President can be spoken to. Newsflash for those who constantly support this farce, you do so because you don't work have to work for this IDIOT. If you continue to support this travesty called law enforcement, YOU DESERVE EVERYTHING YOU GET.
A word of advice for Mr Lewis,try to controll your temper and curseing publicly,take your employees behind closed doors when you have issues instead of in front of a crowd of chruch folks in a shoneys restraunt in the midle of jackson on a wedsday night.Hinds co. had 85 reserves who given their time and funds free at the begining of your administration,19 cars they bought and paid for,you took and you have destroyed every detale that earned over 300,000 dolars a year that made these funds for these free employees for hinds co. now you have 30ish of them left.All whom worked very hard to become certified officers to serve their neghbors and communities.Your Ego should not be relavent to the needs of Hinds co. residents.The employees to witch are employed under your command should and could have beter respect for you if you did not curse them in publc,which brings me to laws in the state of Ms.,if you curse publicly in the presence of 2 or more people 2 words or more you may be subject to the laws of the state Ms also.The people of hinds co.voted for you and they also watch yours and the actions of your employees under your command,with the exspectations of fairness and dignity for all.
Need my Cracker Jack decoder ring for this one ^^^.
LOL, you really drinking that koolaid Curt? The department isn't "racial diverse" or qualified. Let us look at the qualified hires. The new warden is from JPD, when was the last time JPD rans a jail? They just hired on a new medical director that was "fired" -read made to resign- under mcmillin for falsifying medical documents and just about got the department in deep doodoo with the state. She also has gotten into trouble before for looking up porn on the County' computers. They now have 3 people to run HR, funny that yous need 3 people to do a job that was a 2 person job for 20 years. Guess the new hire there was the right relative hint hint. The new admin of the SO has not hired on a single white person other than the chief dep but has hired on many people. They now have to employee multiple "public relations" and a "business advisor". The have smith running the farm again to make "profit". If they only knew how much he had stolen in equipment and money from thie previous admin.
This is just the beginning of the lists. Guess the place really be becoming a joke these days.
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