The Tri-County Journal
& Chattahoochee Chronicle
PO Box 850, 71 Webb Lane
Buena Vista, GA 31803
229-649-6397
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request investigation of the sheriff
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Editor’s Note: Below is a statement issued by Cusseta-Chattahoochee County Probate Judge Ken Van Horn about his decision to ask the governor to investigate Chattahoochee County Sheriff Glynn Cooper. To read the article about the request for an investigation, click here.
“My letter to the Governor was written very slowly over the last three months. I agonized over this as I wrestled with the conflicts inherent in these kinds of issues. Mr. Cooper has attributes I admire and he can be very likeable. I do not like having to do what I eventually decided had to be done.
Every elected official in our system of government has particular powers defined by law. Each elected official has certain powers over other elected officials. This is done to maintain balance and prevent any single person from ever gaining too much power.
In my own case, I am elected by the people, law enforcement controls my work load, the county commission controls my budget, my decisions can be overturned on appeal to Superior Court, and my conduct is subject to review by the Supreme Court of the State of Georgia.
The Sheriff also has similar checks and balances on his powers, duties and conduct.
Through the years I have been in office, I have heard many, many complaints about our Sheriff. I suppose it is the nature of my job as probate court judge that I hear these complaints. I have also had my own complaints.
Unfortunately, I have not had much success trying to work things out with Sheriff Cooper. I cannot talk to the man and we have reached an impasse.
I spoke with an attorney recently who pointed out O.C.G.A. § 17-4-40(c). This lays out the proper procedure for handling complaints against any law enforcement officer in this State.
O.C.G.A. § 17-4-40(c) states: Any warrant for the arrest of a peace officer, law enforcement officer, teacher, or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court.
A study of these checks and balances on the sheriff has revealed to me that the probate judge and superior court judges are appropriate balances on the power of the sheriff. The county commission controls his budget. The governor is a source of appeal for complaints.
If anyone believes a Sheriff or any law enforcement officer has not done his job or has done his job in an illegal manner, if the officer has behaved in any manner inappropriately, the proper procedure is to file the complaint in the form of a warrant application with either the probate judges' office or with any Judge of Superior Court in the circuit. A hearing will then be held and if probable cause is found to exist, a warrant will be issued and formal charges will ensue.
As a part of the balances on the power of the sheriff, I have done what I believe in good conscience to be the right thing. It is my belief that the checks and balances in the system will be sufficient to curb what I see as discrepancies between his actions and his duties and responsibilities under the laws of the State of Georgia.
With the support of the good people of Chattahoochee County, I will continue
to do the right thing.”
Judge of Probate Court
Cusseta-Chattahoochee County
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