Commission questions sheriff’s placement of deputies

Some Mingo County officials disagree with the sheriff’s decision to appoint experienced deputies as court bailiffs.

Mingo County Sheriff Lonnie Hannah decided to use seasoned deputies as bailiffs in circuit, magistrate and family courts.

“Due to the high turnover in the sheriff’s department, the sheriff’s current decision has less experienced deputies out in the field,” said Mingo County Commissioner Vice President Greg “Hootie” Smith. “I find it disappointing that he (Hannah) would limit a deputy such as Lt. Hatfield to being a bailiff when his experience and expertise, I believe, would better serve the citizens of Mingo County out in the field.”

Smith is referring to 18-year veteran of the sheriff’s department, Lt. Randy Hatfield.

After Chief Court Marshall Cecil Diamond left on medical leave, Family Court Judge Miki Thompson requested Larry “Yogi” Croaff as his replacement. The county commission did place Croaff as security for family court. The commissioners also placed civilians as security in every courtroom, along with the deputies.

“We feel proud to have both,” said Thompson. “Both are top-notch.”

“The county commission has always provided civilian bailiffs for family court with no objections,” Smith said. “It is clearly in the sheriff’s discretion. I don’t think it is the best use of manpower. It is his (Hannah) decision.”

Commissioner David Baisden agreed with Smith and told the Daily News he believes Hatfield should be out in the field training the young deputies.

“We have these young deputies that need someone like Lt. Hatfield to train them,” Baisden added. “We have always had civilian bailiffs. Now we are going to change and take probably one of the most qualified officers off the road.”

Hannah placed deputy Kenny Stewart as a bailiff in magistrate court and Deputy Eric Sherrill in circuit court. Stewart has been on the force for three years and Sherrill close to four years.

The sheriff says he is merely doing his job. The West Virginia Supreme Court of Appeals states the “every circuit court, county court and other court of record of any county shall be attended by the sheriff of the county in which it is held, who shall act as the officer thereof.”

“In addition, Rule VII of the West Virginia Trial Court Rules (1960) mandates the sheriff or deputy, shall be present at all times while the court is in session. The sheriff shall provide a sufficient number of deputies to maintain order in the courtroom at all times. The rules and orders of the court pertaining to conduct in the courtroom shall be enforced by him or them.”

House Bill 3038 that is now in front of Judiciary could call for the sheriff’s removal or any other public official, if it is found he/she is failing to do their job. The purpose of the bill strengthens the Ethics Act by authorizing the commission to file a petition in circuit court for the removal of elected or appointed local public officials when the local governing body or prosecutor declines to act upon its recommendation.