{"id":855,"date":"2022-10-31T19:05:41","date_gmt":"2022-10-31T19:05:41","guid":{"rendered":"https:\/\/justtalk.blog\/?p=855"},"modified":"2022-11-01T12:00:18","modified_gmt":"2022-11-01T12:00:18","slug":"wheres-the-sheriff-in-contempt-of-the-supreme-court","status":"publish","type":"post","link":"https:\/\/justtalk.blog\/index.php\/2022\/10\/31\/wheres-the-sheriff-in-contempt-of-the-supreme-court\/","title":{"rendered":"Where\u2019s the Sheriff? In Contempt of the Supreme Court"},"content":{"rendered":"\n

Binghamton Bridge<\/a>
October 31, 2022
By Bill Martin<\/a><\/p>\n\n\n

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NYS Supreme Court Judge Blaise had a straightforward question: Where is the Sheriff? In his defense of County Sheriff David Harder, Broome County Attorney Robert Behnke had no adequate answer. Charged with contempt of court in the motion brought by Justice and the Unity for Southern Tier (JUST), Harder failed to appear.<\/p>\n\n\n\n

Law and Ill-Order in Broome County<\/strong><\/p>\n\n\n\n

The members of JUST packing the court knew the answer: as part of a long legal contest, the Sheriff had lost the lawsuit they had brought on behalf of families and friends of those incarcerated in Harder\u2019s jail. In his ruling on July 29th<\/sup>, Judge Blaise ordered Harder to reopen visitation on the pre- COVID schedule posted in the jail\u2019s own handbook. Harder\u2019s officers in the jail had long been telling the incarcerated that Harder wouldn\u2019t let this happen. When the County\u2019s appeal to delay re-opening was denied on September 22nd<\/sup>, Harder was thus forced to finally reopen visitation.<\/p>\n\n\n\n

Yet when the County finally opened up the jail doors on September 29th<\/sup>, Harder defied the Judge\u2019s ruling. To the surprise of family members knocking on the door of the jail, visitation hours were posted for highly restricted times. Harder had unilaterally reduced visiting from the pre-COVID schedule of 44 hours a week, to 15, and visiting days from five to three\u2014with none on the weekends for persons who work or live out of town.<\/p>\n\n\n

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On the threshold of retirement, pending election of one of his former deputies, Harder was again refusing to obey state laws\u2013and now the State Supreme Court. To observers of justice in Broome County it was another case of law and ill-order.<\/p>\n\n\n\n

The JUST Response<\/strong><\/p>\n\n\n\n

On October 7, on behalf of JUST, Josh Cotter of Legal Services of Central NY, filed a motion and affidavits charging Harder with civil and criminal contempt of court, with personal and financial penalties.<\/p>\n\n\n\n

Before the contempt hearing on October 29th<\/sup>, JUST members and supporters rallied in the chilly morning on the steps of the county courthouse. The gathered families and friends of the incarcerated  told numerous stories of their inability to visit daughters, sons, fathers, partners, and friends under the posted hours.<\/p>\n\n\n\n

Meanwhile, fees for telephone and video calls remained exorbitant. Many of the county\u2019s poorest residents were spending close to $1000\/month to maintain contact with family in the jail and provide necessary food and hygiene products.  Banning visitation held a warped, punitive, financial logic here: the Sheriff had reaped $ millions<\/a> in profits from his share of expensive calls and commissary purchases,  outside any county control. And he spent it on personal diversions, among them his second, armored personnel carrier.<\/p>\n\n\n\n

Statements from incarcerated persons and family members unable to attend the rally due to work or distance repeated these complaints:<\/p>\n\n\n\n

\u201cDoes this mean my mother can\u2019t visit me?\u201d
\u201cI can\u2019t visit since I work and live in Syracuse\u201d
\u201cI keep calling but can\u2019t get through to book a visiting hour\u201d
\u201cI\u2019ve spent $800-$1000 every month to talk to my husband awaiting trial\u201d
\u201cI booked a visit with the Sheriff\u2019s office but when I came was refused the visit\u201d
\u201cWe need to be paid back for the $ thousands we\u2019ve spent due to him denying visitation\u201d<\/p>\n\n\n\n

Demands<\/strong><\/p>\n\n\n\n

JUST\u2019s demands addressed the problems, calling for<\/p>\n\n\n\n