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re: Do Sheriff's trump the governor?

Posted on 5/1/20 at 12:48 pm to
Posted by Boo Krewe
Member since Apr 2015
9810 posts
Posted on 5/1/20 at 12:48 pm to
in the ruby bridges case, the governor had national guard troops not letting he in school. they said the governor ordered her not to be allowed in. rubys federal marshal escort said the president of the US said she can. the national guard moved asie
Posted by tiger91
In my own little world
Member since Nov 2005
36817 posts
Posted on 5/1/20 at 12:49 pm to
quote:

its like game of thrones , who can swing bigger dick


Pretty sure MC our sheriff would take out JBE.

And I didn’t mean to cause any arguments. Just hoping that our parish with 37 cases total and likely17 or less active cases gets to reopen sooner rather than later.
This post was edited on 5/1/20 at 12:52 pm
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
52037 posts
Posted on 5/1/20 at 12:51 pm to
quote:

The governor isn't limited to a sheriff for enforcement.


No, he's not. What limits him is the reaction from the larger population to his counter. If he goes too heavy-handedly (let's say he calls up a few hundred National Guard as a lockdown for all of the parish roads and businesses or sends the State Police in to block off the courthouses/city halls as a show of force, as examples), then he risks other areas refusing his EO out of solidarity against that heavy-handedness as well as an increasing public outcry against him in general (try being a Governor and getting ANY legislation passed after that).

It's not simply a matter of strength of enforcement, it's about knowing when, where and how to apply the correct amount of pressure.

Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51522 posts
Posted on 5/1/20 at 12:59 pm to
quote:

Suspension <> fired.


You must of skipped the entire section called "Removal from Office"
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 1:23 pm to
Ok.

So two things are still true.

1. Sheriffs do not "trump" the governor.

2. Sheriffs can be and have been removed from office by the governor.

Coincidentally, those were the two points made.
Posted by treyk89
Member since Oct 2003
2264 posts
Posted on 5/1/20 at 1:36 pm to
quote:

Read somewhere on one of these boards that in Louisiana this is accurate ... anyone in LEO know?? Thanks.


Are you serious? You shouldn’t have to come to TD to ask this. The answer is obvious
Posted by LSUtoBOOT
Member since Aug 2012
12674 posts
Posted on 5/1/20 at 1:45 pm to
quote:

Do Sheriff's trump the governor?


Joe Burrow trumps them all, but CEO has been making all the appearances while Big Joe is in Ohio.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
21396 posts
Posted on 5/1/20 at 2:09 pm to
quote:

You must of skipped the entire section called "Removal from Office"


I am still at a lost of why you all are not understanding this

Here is an article from SC
https://www.thestate.com/news/local/crime/article237622299.html

quote:

The governor could not take any action against Strickland, prior to the indictment, but indicated he would suspend the sheriff.


quote:

If Strickland is convicted, the governor can remove him from office, McMaster said.


If you are all wanting a small victory claiming a governor can remove a Sheriff by placing him in suspension, my goodness claim it. The rest of us will live knowing a governor cannot remove a Sheriff unilaterally because of feelings.

All elected officials come with some protection.



Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
28108 posts
Posted on 5/1/20 at 2:17 pm to
Edeards would not go up against A Joe Lopinto from a heavily populated parish.

Sherriff is chief LEO....and tax collector....that makes him more powerful than a parish president
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
52037 posts
Posted on 5/1/20 at 2:25 pm to
quote:

1. Sheriffs do not "trump" the governor.


Officially? No.

If enough of them band together then effectively they can.

quote:

2. Sheriffs can be and have been removed from office by the governor.


I don't know that this is true in Louisiana (which is where we are talking about a sheriff rebuffing a Governor's EO). I know you pointed out Florida, but each state is different. Do you have any Louisiana cases where this has happened?
Posted by Gee Grenouille
Bogalusa
Member since Jul 2018
5061 posts
Posted on 5/1/20 at 2:33 pm to
Only in Washington Parish

He really thinks he's special. Never has a more unqualified person won more elections.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51522 posts
Posted on 5/1/20 at 2:34 pm to
quote:

The rest of us will live knowing a governor cannot remove a Sheriff unilaterally because of feelings.


I know that too. Because I didn't say that. :-)
Posted by chinese58
NELA. after 30 years in Dallas.
Member since Jun 2004
30627 posts
Posted on 5/1/20 at 2:38 pm to
In normal times Louisiana sheriffs pretty much have their own little fiefdoms. These are not normal times.
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 11:47 pm to
quote:

The rest of us will live knowing a governor cannot remove a Sheriff unilaterally because of feelings.


Keep moving those goalposts.

Eventually, you won't be wrong.
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 11:49 pm to
quote:

I know that too. Because I didn't say that. :-)


No one has said that.

He's desperate for a way out.
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 11:52 pm to
quote:

Officially?


Officially is all that matters here.

quote:

I don't know that this is true in Louisiana (which is where we are talking about a sheriff rebuffing a Governor's EO).


The state constitution allows the governor to remove elected officials. That includes a sheriff.

quote:

Do you have any Louisiana cases where this has happened?


I don't know of any sheriffs who have been incompetent enough.
Posted by BregmansWheelbarrow
Member since Mar 2020
2705 posts
Posted on 5/2/20 at 12:17 am to
quote:

No, especially not this governor.


The governor in this state is elected by about 6 parishes. Outside of there, it makes no difference what he does because he doesn’t need our votes and he wouldn’t get them anyway. But being as he is at the end of his term, it doesn’t matter.
This post was edited on 5/2/20 at 12:20 am
Posted by davyjones
NELA
Member since Feb 2019
30546 posts
Posted on 5/2/20 at 12:32 am to
Even if a sheriff is one who agrees to comply and enforce these executive orders, the sheriff isn't the final word on law enforcement in a parish. That would be the district attorney. No, the state attorney general does not have authority to come in and forcibly take over a criminal case from a local DA. Per the LA state constitution, state AG can only come in on a DA's case at the express invitation of the DA -or- of the local judge with jurisdiction over said case orders the AG to intervene. That situation is most common when a local DA asks the judge to relieve his/her office from the case due to a conflict of interest.

So even if sheriff makes an arrest or issues a citation or summons....DA has final say and could summarily dismiss the matter if he or she so chooses.
Posted by yellowfin
Coastal Bar
Member since May 2006
97819 posts
Posted on 5/2/20 at 1:22 am to
quote:



The state constitution allows the governor to remove elected officials. That includes a sheriff.


Still haven’t seen that law in Louisiana
Posted by animalcracker
Member since Oct 2010
1934 posts
Posted on 5/2/20 at 4:18 am to
but in Louisiana constable>sheriff
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