ILNews

Sheriff's deputies can hold elected office, court rules

Michael W. Hoskins
January 1, 2007
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A sheriff's deputy has the right to hold an elected position and in doing so isn't violating state law against holding dual, lucrative offices, the Indiana Court of Appeals ruled today.

In Walter Thompson v. Mark Hays http://www.in.gov/judiciary/opinions/pdf/06060701mgr.pdf, 72A01-0607-CV-294, the court upheld a Scott County ruling last year dismissing a claim filed by local resident Walter Thompson, who filed a complaint against Mark Hays following the November 2002 general election. Thompson accused Hays of holding the dual offices and sought an order to remove him as a deputy sheriff and reimburse the county for pay he'd accepted since taking the elected commissioner's job.

The claim arose in March 2006, just before a primary election in which Hays was a candidate for re-election as a commissioner, according to a footnote in the court ruling. The trial court dismissed the complaint for failure to state a claim.

Appellate judges wrote that the decision today is consistent with existing caselaw and legislative intent, though they acknowledged the Indiana Attorney General once reached an opposite conclusion in 1962, which predated the statutes and court opinions.

The court has held previously that city police officers and deputy town marshals are employees, rather than "public officers." It also refers to Indiana Code Section 36-8-10-11c(1), which provides that a county police officer may "be a candidate for elective office and serve in that office if elected."
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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