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.
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.