A temporary truce has been
reached in the dispute between the Fayette County Commission and Sheriff
Randall Johnson over prisoners arrested by the county's Marshal's
Office.
The Fayette County Jail is
again accepting prisoners, for now, who have been arrested by county marshals.
In December, jail officials turned away a prisoner brought by a county
marshal for DUI and other traffic charges.
A consent order was reached
between the parties last week to allow marshals prisoners "charged
with or guilty of an indictable offense" to be held at the jail.
But the issue isn't solved,
and both sides intend for it to proceed to trial, according to the consent
order, which was signed by attorneys for both sides. The order was signed
H. Ison, who formerly presided in the Clayton judicial circuit.
Sheriff Johnson had previously
warned the county his department would no longer accept marshals prisoners
because he believes the marshal's office is not operating legally
as a law enforcement agency. Johnson says accepting those prisoners puts
him and the county at a tremendous legal liability for a potential lawsuit.
Although the marshals enforce
county ordinances and patrol county properties, they occasionally arrest
suspects for traffic or other offenses they witness since they are sworn
Georgia peace officers.
Johnson specifically contends
the marshal's office should not have been created without a referendum
Georgia law requires for voter approval to create a "county police
department."
The county commission, which
funds and operates the marshal's office, contends it became a law
enforcement agency before that law went into effect.







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