The battle between Hinds County Sheriff Tyrone Lewis and Senior Circuit Judge Tomie Green moves to the Mississippi Supreme Court as both sides filed motions with the court this week. Sheriff Lewis requested an expedited hearing from the court. Judge Green filed a motion to dismiss.
Judge Green issued an order in February barring Sheriff Lewis from transferring, demoting, or firing any bailiffs without her consent. 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."
Judge Green's motion states the 1996 order was never appealed and thus is now law. Judge Green the order is now "unappealable" and is "final". Judge Green also argued Sheriff Lewis should have appealed her order to her court first before seeking relief from the appellate courts. *
It should be pointed out the orders do not cite any law from the Mississippi Code or Constitution nor is any case law mentioned.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."
Saturday, April 7, 2012
Judge Green wants Sheriff's appeal dismissed
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16 comments:
It appears that SENIOR judge Tommie Green is asking for another of her ruling to be over tirned by MSSC.
Tomie Green should have to reimburse the taxpayers of Hinds County for every minute of time that Sheriff Lewis and his staff counsel have had to waste dealing with this crap. She should also have to reimburse taxpayers for every minute that *she* has spent on this phony controversy, instead of doing the job she is being paid to do.
Pound for pound, Tomie Green is the largest waster of public funds and resources in Hinds County. I know that's a big statement, considering we live in the land of Airwave. But at least Airwave provides *some* valuable service, albeit slight, to Hinds County taxpayers.
By the way, how many trials has Judge Green conducted in the past 12 months? I wonder how her trial and case disposition numbers stack up against Judges Kidd, Weill and Gowan. Actually, I don't wonder.
At some point, someone has to stand up for the citizens and put a stop to Tomie Green's senseless waste of public funds, time and resources.
They could always replace her with someone worse.
I can kinda see how an unappealed judgment might be final. But not an administrative order.
... Speaking of appeals from Judge Green, I note a response was filed to Hood's M/R in the pardons case, but I haven't seen a copy.
Tommie Green and the Stokes family are
ironclad proof that there are no "food deserts"
in Mississippi. I've never seen so many fat ass
ignorant pillars of wisdom in one city .
Is it just me or does it seem that most things where Hinds County Government is concerned is jacked up? Some of the craziest things come out of that place...
She doesn't cite any law to support her argument that some statute of limitations was tolled for the appeal, did she?
Stop complaining!
It may be time for another poem!
Wonder if it will rhyme this time...
Come now! toemmie green is still thrashing about squealing like a stuck pig because Haley turned karen loose!
Roses are red,
Karen is Blue,
Tommie is pissed,
Stokes is too.
Kingfish has questions and Curt's on a roll,
The shrill bell of justice surely shall toll.
Da Jurdge slam her gavel, her power be large,
She'll show the new sheruff jus who be in charge.
Tyromes be grumpy, and throwin' a fit,
Meanwhile Hinds County is turning to shit.
The Kingfish be lurkin' with camera and pad,
There's scandals to find and news to be had.
Another chapter in Jacktown's decline,
As van after van cross the Hinds County line.
10:43 - Seems to me you're the one who is complaining. You're probably the same jerk who wastes our time with your sick **yawn** posts.
10:04 - Clear and concise...just the way it should be.
And KF accuses me of insulting!
come on Swan...make a come back! WE NEED YOU!
Looks like Tomie was back to being lenient on killers yesterday.
Just read Judge Green's motion. Sounds like she may have a point with rule 21.
Are you an attorney April 10, 2012 3:06 PM?
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