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.
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.