Photo by Saul Young, copyright © 2011 // Buy this photo
SAUL YOUNG/NEWS SENTINEL Constable Sammy Scott scans the property of a home where he attempted to serve a summons. All of Scott's equipment, including his vehicle, firearms and fuel, is purchased from his own pocket; however, constables receive a fee for citations given and summonses that are delivered and signed.
Failure to dim bright lights.A broken taillight.
No seat belt.
Those are just some of the minor traffic infractions motorists are being pulled over for in Cocke County by one of its constables.
And for every one of those offenses, $22 goes into Derek Wright's pocket.
From Jan. 1 to Oct. 31, 2011, Wright pocketed nearly $19,000 for his services — one that includes stopping drivers and writing citations. He sits on Interstate 40 and nabs motorists as they cross the state line into Tennessee from North Carolina, authorities said. He's also been spotted on U.S. Highway 321.
Cocke County authorities said the complaints are racking up, but they can do nothing because constables don't have superiors.
The state's constable certifying agencies call it a no-no.
Constables are elected officials who operate as officers at no cost to the county. But they get a kickback from the state for writing citations, making arrests and serving court summonses. The state-based fees for each service are $1 per citation, $40 per arrest and $20 per summons. The money comes out of court costs paid by a defendant or party.
In some counties, commissioners allow constables to net more.
For example in Cocke County, constables get $22 for every citation they write. In Jefferson, they get $27.
Wright, who represents District 2, made 25 arrests from Oct. 1 to Nov. 18, Cocke County Sheriff's Office records show. During one weekend in early October, reports show, he arrested or cited seven people. Cocke County deputies have made an average of six arrests a month so far this year, records show.
Although totals made from arrests, citations and summonses could not be broken down, general sessions court records show that from Jan. 1 to Oct. 31, 2011, Wright has made $18,812.50 for all three services.
But Wright, 32, said he's not doing it just to make money. He also said he wasn't aware he shouldn't be staking people out.
"I didn't know that," Wright said. "I enjoy law enforcement, I've always loved it."
Wright is a former Cocke County Sheriff's Office deputy and former Newport Police Department officer who said he's hunting for a full-time job. He said when he pulls people over for offenses like a taillight out or a seat belt violation, he often gets bad guys off the street.
"You can get wanted people or make good drug arrests," said Wright, who said he patrols the county five nights a week. "I've never wrote anyone for just not wearing their seat belt. And if you research the tickets, most of them are for driving more than 15 mph over the speed limit. THP (Tennessee Highway Patrol) tells me crashes are down in that area on the interstate, too. It's one of the most dangerous roads in Cocke County because of the curves as you come into the state."
He said his stakeouts aren't just confined to those locations.
"We work the whole county," Wright said of himself and the six other Cocke County constables. "People think you make a lot of money, but you don't. I spend $200 a week on gas patrolling."
Last year he said he shelled out $7,000 on a used police cruiser. Most recently, he said, he spent $1,500 to buy a K9 drug dog. He said he also spends money twice a month driving to North Carolina for K9 training.
Cocke County Sheriff Armando Fontes said his office lately has gotten five to six complaints a month about Wright staking out motorists on the interstate near the North Carolina line and other highways in the county.
"There's no question, that's what he's doing. We basically tell people we have no jurisdiction over the constables," said Fontes.
He said he welcomes help from constables, but expressed disappointment with the issue.
"Seat belt laws, yes, enforce them. They save lives. But don't get out there and just write tickets for that."
Cocke County Mayor Vaughn Moore, whose office has also received a half-dozen complaints in the past few months, said he too has no control over constables.
"They're not accountable to anyone but the voters," he said. "They're out there on their own."
But Cocke County Commissioner Phil Killion, elected chairman of the Public Safety Committee on Nov. 14, said he'll look into the issue.
"Speed grabbin'? I've got my wonders about that," Killion said. "If someone writes a ticket because someone's safety is in danger, that's one thing, but if someone's sitting there doing a ticket-for-money, I have a problem with that."
Regardless, Tennessee Constable Council President Larry Rains said constables should not be fishing for minor motorist offenses to put cash in their pockets.
He said the TCC and the Tennessee Constable Association, the two entities authorized by the state to provide in-service training for constables, are working to get a governing board created that would aim to curtail problems like that, enforce rules and discipline if necessary.
A survey of 12 counties surrounding Knox shows that from Jan. 1 to Oct. 31, 2011, 31 of 78 constables raked in cash for writing citations, making arrests and serving summonses.
Constables in some counties including Scott and Hamblen have been paid only for serving court summonses.Then there are counties like McMinn where officers don't have arresting powers. Of their six constables — five have been paid a combined $13,916 solely for serving court papers.
But in other counties, like Claiborne, constables haven't netted a single arrest, written a citation or served any court papers.
So far this year in Sevier, constables have not made any arrests, but have pocketed a combined $83,441.50 for serving court papers — a duty they share with deputies.
"We just don't hold a title here," said Constable William Seagle. "Our guys are trained, and we work."
Court records show eight of their 10 constables have been paid for serving those court summonses.
Like Sammy Scott, who serves District 3. From Jan. 1 through Oct. 31, 2011, he made $27,089.50 — almost all of it is for serving summonses.
"It sounds like he's making a lot, but ask him what his fuel bill is. It's $250 a week," Seagle said. "And that's right out of his pocket."
He said it's sad some constables may be taking advantage of the system.
"That's what hurts us," Seagle said. "And that's why the TCA and TCC need to form a board that they have to answer to."
In Union County, five of its seven constables have performed all three of those services and pulled in a combined $13,916.
"We have a few who are active here, but others who haven't served a single summons. Why? Self motivation I'd say," said Union County Sheriff's Office Sgt. Mike Butcher.
It's up to them whether they seek work or not, said Union County General Sessions Clerk Barbara Williams.
"Here, they come to the office and check in with us and say, 'I'd like to serve some civil process, do you have any?' "
Williams said the court also has a process server through the sheriff's office. A deputy serves papers. That deputy doesn't make money though. It's just part of his or her duties.
Union County Constable Chad Faulkner, like other constables, purchased his vehicle and all his equipment himself for the position.
"I donate every penny I make in fees to my child's school PTO," Faulkner said.
Of the seven constables in Cocke County, four including Wright have been paid for services. Jimmy Roach, 35, made $7,992; McRee Whitten, 76, netted $5,214; and Roger Henderson, 49, made $54.
Henderson, who represents District 7, made two arrests this year.
"I don't go out and look for it. It's gotta be in front of me. That's part of our job," said Henderson, whose district is mostly in the city. "I don't sit and run radar. I'll get out with the city officers at night often and back them or the fire department up. That's what it should be about. We all know when we run for the office it's more or less volunteer."
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