Wednesday, Aug. 3, 2005 | ||
Bad Links? | Sheriff appealing decision to jail marshals prisonersWants referendum so voters can decide if county police neededBy JOHN MUNFORD Fayette County Sheriff Randall Johnson is appealing a court decision that allows county marshals to make arrests and send their suspects to the county jail. The ruling, issued less than two weeks ago by Senior Superior Court Judge William Ison, came after the Fayette County Board of Commissioners sued Johnson for turning away a suspect arrested for DUI by a county marshal in December 2003. The sheriff has argued that accepting prisoners from the marshals department would put him and the county at a liability. He claims the marshals department was created after Jan. 1, 1992, after which counties were forbidden to create county police departments without a voter referendum. Judge Ison ruled that the department was indeed created before that law went into effect, and thus no voter referendum was needed. Johnson told The Citizen recently that he wants the matter to be brought up before a referendum. We just dont think the county ought to duplicate services with a county police force, Johnson said. Johnson is appealing the matter to the Georgia Supreme Court. Although county marshals rarely handle traffic cases, they are certified police officers and are empowered to make arrests, county officials have said. The main duties of the marshals department include patrolling county-owned property, investigating county matters and enforcing county ordinances, which includes the writing of citations. In the DUI arrest from December 2003, a county marshal first witnessed the vehicle proceed through a red light in Fayetteville without attempting to stop, according to reports of the incident. The driver was ultimately arrested for DUI but since jail officials refused to house the prisoner, she was ultimately released to a family member. |
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