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Rhode Island news

Lack of sheriffs stalling Family Court, judge says

Chief Judge Jerimiah S. Jerimiah Jr. says that if detained juveniles can't be transported to court for their hearings, judges may have to release them.

01:00 AM EDT on Saturday, September 16, 2006

BY TOM MOONEY
Journal Staff Writer

A lack of manpower within the Rhode Island State Sheriff's Department forced postponements in Family Court yesterday, and the chief judge there says judges may "have no choice but to release" potentially dangerous juveniles if something isn't done soon.

"It is inconceivable that the security of the judiciary employees and members of the public [is] being compromised daily," said Chief Judge Jeremiah S. Jeremiah Jr. in a statement.

The problem of not enough sheriffs is cropping up in other courts as well.

Jeremiah said he had sent two letters recently to High Sheriff Gary P. Dias expressing concern over the "longstanding lack of adequate sheriff staffing" within Family Court and other courts.

Jeremiah said he had been told that the department had not filled positions left vacant from retirements or resignations.

But that is not the reason for the shortage, Dias said yesterday in a phone interview.

Dias said the department of 196 sheriffs and deputies has only three vacancies and they are being filled. The problem is that there are about 23 sheriffs who are out on long-term illness, injury or serving in the military.

It is that shortage of almost two dozen sheriffs that is causing the daily problems, he said.

Jeremiah said another Family Court judge, Stephen Capineri, reported he had 16 detained juveniles on his calendar yesterday but that he could not preside over their cases because they were not brought before him.

Juveniles cannot be detained at the Rhode Island Training School for longer than five days without a probable-cause hearing, Jeremiah said. "Without sheriffs to transport detained juveniles to the court room, Family Court judges will have no choice but to release these potentially dangerous juveniles back into the community."

Dias disputed the judge's claim that the situation was approaching a point where dangerous juveniles would be released.

Several of the family courts deal with civil matters, Dias said, and he would request that those courts take a temporary recess to allow sheriffs there to help courts with potentially dangerous prisoners.

"If for any reason I thought I was about to violate someone's due process rights or a dangerous person was about to be released back into the community, I would do whatever I had to to make sure that wouldn't happen," he said.

Dias said the sheriffs transport about 3,500 prisoners a month into and out of District and Superior courts. He said his people "are jumping through hoops to accommodate the judges, and the security issues, and keep things moving."

Dias said the situation should begin to improve next week: two sheriffs who were involved in car accidents are due back, and two more on military leave are expected back the following week.

tmooney@projo.com / (401) 277-7359

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