HB 118 by
Morris would reverse the authority granted to constables, who are elected, one
each to one of 10 districts (one is the Shreveport City marshal position
treated somewhat differently by statute) to appoint multiple deputies, provided
as a result of legislation in
2012 by state Rep. Alan Seabaugh
that passed the Legislature unanimously. Constables execute court orders by
their district’s justice of the peace (City Court in the case of the marshal)
and as a result of these duties, including things such as serving
summons, executing writs, and taking bonds, do not have to have the required
peace officer training that law enforcement officers in the state have
generally, yet are allowed to make arrests and to have firearms.
Hatfield amazingly has 18 deputies
(Caddo is only one of three parishes whose constables are allowed to have any
at all) for his district of about 10,000 registered voters. While the law makes
clear that these are part-time employees, some are full-time employees in other
judicial agencies and some are constables from other districts (deputies do not
have to reside in the district, unlike the constable), and Hatfield
terms them as full-time employees. Morris questions the need for so many,
and Caddo Sheriff Steve Prator feels unease with so many officers without required
certified training out there, which would make for the third largest local law
enforcement force in the parish.
Of course, Hatfield expressed at
the end
of March his intention to challenge for Prator’s job, about 10 days after
the bill was filed. He said Prator did not run an inclusive department among
senior personnel and was not transparent enough, accusations Prator denies.
According to the required financial
statements filed annually by Hatfield, his fiscal management may be called into
question, perhaps partially exacerbated by the presence of so many deputies.
Since he took office in 2009, through 2013 he has run a deficit all but one
year, with the total being about $38,000 in the hole, which apparently he has
paid out of his own personal funds. In the typical year, only a few thousand
dollars – including his $325 monthly salary – came in as revenues while
expenses were much greater. Usually a small portion of revenues came from
deputies’ work, and some years disbursements were made to them.
All of this from a district whose
justice of the peace doesn’t see a whole lot of activity. The current occupant of
that office says in the first quarter of the year he’s held court only five
times – with a deputy present only twice – and handled 36 evictions.
As noted
in this space before, constables largely are anachronistic offices whose
duties could be performed by regular law enforcement. Worse, the office is open
to abuse, such as the constable
in Jefferson Parish who more likely could be found in bars than on the job
yet some years would record so much work that he would pull in revenues of six
figures and more, spend half, and keep the other half (after several terms he
was defeated for reelection last fall). If they need to exist at all, they need
to stay as minimized in footprint as possible.
Uncoordinated law enforcement
personnel that do not have to meet statewide minimum training standards are
unlikely to add value to the delivery of law enforcement. Thus, HB 118 is
entirely appropriate.
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