The chief judge of Orleans Parish Criminal District Court held Sheriff Susan Hutson in contempt of court Wednesday, capping a heated hearing on Hutson’s recent alleged failure to transport arrestees to court from the jail.
The conviction carries penalties of up to six months imprisonment or a fine up to $500. Judge Tracey Flemings-Davillier set sentencing for Aug. 4 and said Hutson must comply with the judge’s earlier order for weekend and holiday transport of arrestees until then.
Hutson left court without taking questions from reporters.
Before the Covid-19 pandemic, Magistrate Court operated seven days a week.
In a July 11 letter, Hutson offered to hold weekend and holiday court sessions instead at the jail, which has two courtrooms on the first floor.
“Given the existing challenges for OPSO, our OJC in-person courtrooms, and the past success of virtual hearings, we believe that the continued use of these (alternatives), especially on weekends and holidays, remains the most responsible course under current conditions,” Hutson wrote in the two-page letter.
An OPSO paralegal attempted to deliver that letter, along with a motion from Hutson to stay the court order, on Monday before contempt proceedings were ordered. But a clerk with Criminal District Court said the office couldn’t accept the document because it contained a technical error, according to OPSO.
Louisiana’s law around “constructive contempt” covers court clerks, sheriffs and others charged with assisting the court in “the administration of justice.” Those guilty of “willful neglect or violation of duty” could be subject to jail time, according to the law.
The latest turn in a tumultuous two months for Hutson.
Hutson said in a statement Tuesday that the agency doesn’t have the money or staffing to meet the court’s requests.
The work would require the services of at least 12 deputies a day and increase the agency’s annual budget by over $357,000, Hutson said, though she didn’t itemize those expenses.
“We want to be clear: the issue is not a matter of willingness; it’s a matter of operational feasibility,” Hutson said Tuesday.
The daily staffing would include three deputies assigned to courtroom security, four deputies for building security, two deputies to transport inmates and two deputies assigned to the temporary holding area, plus one supervisor.
I don’t work for free either; if you’re not going to fund the department, you can’t expect them to work for you. They offered reasonable alternatives (a court room at the jail); now we’re going to waste time+money on contempt proceedings instead of just paying them to do their jobs?
Sounds like they managed to do it before COVID.
Sure, but they also managed just fine during COVID without weekend transports; and in that time those funds got reduced or allocated elsewhere.
To revive this service, they’ll either have to bring in fresh funding for it, or decide what other services/programs/departments it can be clawed back from.
Or just hold weekend court sessions at the jails court rooms… Seems like an unnecessary fight just because ‘I wanna play at my house’.
That was also before the governor established a permanent state police force in the city, filled the jail beyond the maximum capacity the city had budgeted for, and made a deal saying that the state AG was going to be handling all court cases for people who were jailed following arrests by state police.
Since the jailbreak there’s been a lot of public finger pointing (at everyone except the governor or the AG for some reason) over who should be blamed for overcrowding and why.
The conviction carries penalties of up to six months imprisonment or a fine up to $500.
I get the feeling that fine has not kept up with inflation.
As of August 1st a new state law kicks in and it becomes a felony for her to disobey or interfere with federal immigration orders, and she could face up to 10 years in jail. Sentencing is scheduled for August 4th.
The governor has been trying to force her to ignore the standing federal consent decree that says as Orleans sheriff she legally can’t deal with any immigration matters, including giving ICE or any of the Louisiana ICE task forces access to prisoners in her custody.
The governor has also established a permanent state police presence in the city (who have since joined ICE as a volunteer task force). Arrests under the state police have filled Hutson’s jail beyond the maximum capacity the city has originally provided her a budget for. When the jailbreak occured the governor began blaming everyone else for the jail being overcrowded.
First it was the city DA who was blamed for letting cases just sit for too long (even though the state AG had made an agreement to handle all state police arrests, but instead seemed to focus her time and energy on trying and failing to sue the sheriff in federal court in order to force her to drop the consent decree) and now it seems like they’re planning to pivot to the reason for the overcrowding being Hutson not holding court over the weekends since covid. Even though she’s already overcrowded and understaffed for the current budget.
The sheriff’s position sounds reasonable, coming from an outsider.
I agree as an insider, she’s really just had so much BS slung at her nonstop over the last few months. It’s really insane.
The current governor has been trying to force the city to drop the sanctuary policy that’s a result of a federal consent decree, since he was AG back in 2017.
He’s tried so many underhanded tactics to (unsuccessfully force her to drop it).
• State law created by a state senator and good friend of the governor saying its a crime to have a sanctuary policy in Louisiana
• The current AG (and of course different long time friend of the governor) just sued Hutson in federal court earlier this year and cited that law to try and force her to drop the consent decree. Federal judge ruled that it was overreach for the AG to try and interfere
• New law was created about a month ago that says it’s now a felony punishable by up to 10 years in prison for any Louisiana public official or police officer to ignore or hinder federal immigration orders. It goes into effect 3 days before this sentencing is scheduled.
