In a surprising turn of events at a justice of the peace courtroom in Mesquite on Tuesday, tensions flared when Dallas County Commissioner John Wiley Price intervened in a courtroom staffing conflict, creating confusion and concerns over authority.
A deputy constable was set to perform his usual bailiff duties ahead of a 1 p.m. hearing when Price instead directed a peace officer from the fire marshal’s office to take over the bailiff responsibilities in Judge Katina Whitfield’s courtroom.
This intervention followed an email from Whitfield to Price, listing grievances regarding the constable’s office communication. The unexpected decision resulted in both a deputy constable and a fire marshal peace officer present in the courtroom, raising questions of legality, as constables are mandated by law to bailiff justice of the peace courts.
The incident on August 5 serves not only as an example of Price’s interference in disputes between two elected officials but also highlights ongoing concerns over the deployment of fire marshal employees for non-fire-related duties, despite warnings from state officials.
Jason Johnson, a constable from Kaufman County and an instructor in courtroom security courses across Texas, expressed concern over the situation, stating, “One of the sole functions of constables is to bailiff and oversee the courts. Now you’re interfering with a constable’s jobs, duties and responsibilities.”
The controversy roots back to an August 1 incident when a deputy constable arrived 20 minutes late to a scheduled hearing. Constable Deanna Hammond attributed this tardiness to confusion regarding the judge’s calendar. This led Whitfield to email Price on August 4, voicing her concerns about the communication from the constable’s office.
In response to her grievances, Price unilaterally decided to replace the constable with a fire marshal officer, a decision that Whitfield later clarified was made without her consultation. When contacted for comment, Price refused to discuss the matter and ended the conversation.
County Judge Clay Lewis Jenkins confirmed that the duties of a bailiff are indeed the statutory responsibilities of constables and noted that the fire marshal peace officer had been removed from the courtroom following the incident.
“He overreaches his power of authority,” Hammond stated regarding Price’s actions, emphasizing the personal nature of his conduct and the interference it represents in her role as an elected official.
Adding to this dynamic, the Dallas County Fire Marshal’s Office finds itself under state investigation for its involvement in duties outside of its statutory authority, which began roughly a decade ago with the deployment of fire marshal peace officers for security at county buildings and public meetings.
The county’s practice of using fire marshal peace officers, termed the Dallas County Marshal Service, has faced scrutiny from the Texas Commission on Law Enforcement, which has pointed out that there is no legal framework for a “county marshal” in Texas.
The TCOLE executive director expressed concerns over the fire marshal’s office exceeding its authority in a letter to Dallas County, further fueled by legislation passed during the recent regular session which sought to clarify the roles of fire marshals strictly to fire and arson-related duties.
In the aftermath of the changes, Dallas County Administrator Darryl Martin confirmed that he is phasing out the name Dallas County Marshal Service but indicated the county would continue using peace officers commissioned under the fire marshal for security duties, as current laws do not explicitly prohibit such actions.
While TCOLE’s director of government relations, Gretchen Grisby, mentioned that the unique situation with Price’s directive did not seem to fall under the scope for TCOLE to investigate, she noted that there is an active inquiry into the Dallas County Fire Marshal’s Office.
In her list of complaints to Price, Judge Whitfield specifically highlighted issues stemming from her concerns about the communication from Hammond, expressing distrust regarding courtroom security. Whitfield’s email indicated a growing frustration with communication breakdowns in the constable’s office, which she said needed to be addressed for her to feel secure in her courtroom’s safety.
Hammond defended her office’s actions, stating that the tardy deputy was a one-off situation attributed to miscommunication regarding court schedules and affirmed that she reorganized the bailiff assignments without compromising security.
The ongoing disputes have revealed the rift between the justice of the peace and the commissioners’ court, with constables emphasizing that their roles are defined by statute. Judicial processes within the county remain in the spotlight, prompting calls for clarification on oversight and operational boundaries.
The presence of both a deputy constable and a fire marshal peace officer in the courtroom has drawn criticism regarding fiscal responsibility and proper use of resources. Johnson articulated that such overstaffing in the courtroom raises concerns over misuse of funds, suggesting that such actions should not fall under the purview of the Commissioners Court, which is meant to set budgets but not dictate the functions of constables.
During discussions earlier this year regarding courtroom security and staffing, the idea to shift bailiff responsibilities to fire marshal peace officers was quickly dismissed by the Commissioners Court.
The ongoing struggle within Dallas County highlights the challenges of interagency cooperation and the importance of defining the limits of power among elected officials, particularly when it comes to maintaining order and security in the courtroom.
As these situations unfold, the long-standing influence of Price, who has served in his position for 40 years, raises further questions about the balance of power between elected officials and adherence to statutory roles in Texas law. Price’s involvement in this matter continues to spark debate over the proper conduct of a county commissioner and its implications on the functions of elected offices across Dallas County.
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