Appeals court denies sheriff’s request to review concealed weapons in clerk of courts debate

The Second District Court of Appeals has denied the Sarasota sheriff’s request to review a court order and provide clarification in the debate over whether legally concealed weapons should be permitted in clerk of court’s offices.

The debate was sparked after Sheriff Thomas Knight ordered deputies removal from the clerk of court’s security checkpoint following an incident on Feb. 14 in which state Sen. Greg Steube, R-Sarasota, was denied entry to the clerk of court’s office at 2000 Main St. in Sarasota because he was carrying a knife.

On March 2, Chief Judge Charles E. Williams issued a judicial circuit administrative order stating that all District 12 clerks of courts offices and other non-courtroom facilities in which court business is handled were court facilities, therefore, the sheriff was responsible for providing security. That same day he sent a letter to the sheriff, attaching his order and giving him until 5 p.m. March 6 to be in compliance.

But instead the sheriff turned to the Second District Court of Appeals and petitioned the court to formally review the order — a writ of certiorari — and clarification on whether the chief judge could dictate security.

On Wednesday, the Second District Court of Appeals denied the petition thereby letting the court order stand.

“While this ruling helps clarify the responsibilities of local sheriff’s offices, it still fails to address the biggest concern I have which is the rights of our citizens,” Knight said in an issued statement.

Knight was disappointed by the order, according to a news release which confirms that the order was within the chief judge’s authority and that officers of the court, which include the sheriff, must comply.

“We likewise reject the Sheriff's argument that the Chief Judge exceeded his authority by specifying how the Sheriff provides security,” the appeals court’s nine-page response stated. “The order clearly leaves decisions regarding procedures, techniques, protocols, personnel and equipment up to the sheriff's discretion.”

But the sheriff’s office says that Knight’s concerns that the order could encroach on the constitutional rights of citizens to carry a weapon and against unlawful search and seizure were not addressed. The sheriff’s office said that Knight agreed with Judge John Badalamenti’s concurring opinion, “the concerns raised by the Sheriff in his petition are issues for Sarasota County and our State’s legislature to ferret out, not the courts.”

“I have already spoken with Senator Steube and expressed to him comments regarding the legislature’s need to act. I am pleased to say Senator Steube recognizes this and has agreed to move this issue through the legislature as expeditiously as possible,” Knight said. “My staff is currently reaching out to personnel from court administration to provide a workable solution to courthouse safety and the protection of constitutional liberties.”

Steube, who in February had argued with deputies that the clerk of courts offices were not a gun-free zone, later wrote to Sheriff Knight demanding to know under what law his constitutional right was being denied.

Knight in turn ordered his legal team to review all current laws, administrative orders and the circumstances surrounding the issue. Ultimately it was determined that while a previous judicial circuit administrative order listed the clerk of courts office as a court facility, statute did not prohibit weapons from being brought into the clerk of courts or a courthouse facility, only the courthouse or an actual courtroom.

In Manatee County, Sheriff Rick Wells implemented changes that were also made to allow anyone with a concealed weapon permit to enter the Manatee County Historical Courthouse, which houses the clerk of courts offices and the historical courtroom which is not used for official court proceedings.

This story was originally published December 27, 2017 at 5:49 PM with the headline "Appeals court denies sheriff’s request to review concealed weapons in clerk of courts debate."