Sheriff Gates Drops Challenge to Judge’s Finding of Contempt

Orange County Sheriff Brad Gates has withdrawn motions that challenge a Municipal Court judge who held the sheriff in contempt for releasing six prisoners from County Jail last month, a county counsel said Wednesday.

Edward N. Duran, the deputy county counsel representing Gates, said the sheriff decided not to challenge in federal court the contempt citation issued by Municipal Judge John P. Ryan. The hearing on the challenge had been scheduled for Tuesday before U.S. District Judge William P. Gray.

Duran said the sheriff decided on his own to drop the motions.

Preference Told

“We would have preferred to continue with the legal challenges. If it had been solely up to me, I would have proceeded,” he said. “But I think it is the sheriff’s intention to comply with as many court orders as possible.”

Gates could not be reached for comment Wednesday night.

On April 30, Ryan found Gates in contempt for citing and releasing persons arrested on misdemeanor charges when there were empty beds in County Jail facilities.

Ryan gave Gates until June 1 to revise the inmate security classification system at the main jail so inmates can be moved to fill empty beds at two of the branch jails.

Gates will appear before Ryan on that date and submit those revisions. If Ryan does not approve the revisions, Gates could be sentenced for contempt.

But Duran said Wednesday night that he expected Ryan to approve the revisions and not hold Gates in contempt. “I think the judge will see that all requirements have been complied with,” Duran said.

Gates and the county have been embroiled for several years over the problem of overcrowding in the jail. Gray, the federal court judge, has given the sheriff a limit on the number of prisoners he can hold.

Release Approved

Because of that requirement, Gates has allowed the release of prisoners accused of minor crimes who agree to sign citations promising to appear in court.

In his contempt citation, Ryan told the sheriff that he must incarcerate offenders if there are available beds in the jail.

Although the sheriff opted to withdraw the challenges to Ryan’s contempt citation, Duran said “other legal options” will be considered if the Municipal Court judge does not drop the citation after the June 1 hearing.