Kentucky is accustomed to elected officials who run afoul of the law – some who plead guilty or are convicted but continue to serve and draw their pay.

Barren County Jailer Leland Cox refuses to step down from his $84,595 a year position, despite entering an Alford plea on March 11 to 30 counts of misdemeanor third-degree sexual abuse for allegedly harassing female deputies at the jail. An Alford plea does not require the defendant to admit guilt but concedes there is enough evidence to convict him at trial.

Last July, after his arrest, Cox agreed “to relinquish the position of Barren County Jailer” until the criminal charges were resolved. But he continued to draw his salary while Barren County Sheriff Chris Eaton was given the task of operating the jail.

Even now, Cox apparently intends to continue serving as jailer and drawing his salary until he’s qualified for full state retirement. He’s not the first to do it. Knott County Judge/Executive Donnie Newsome continued to serve in that position even after he was imprisoned in 2004 after being convicted of vote buying.

Cox’s plea agreement – before special Judge Steve Mershon – requires Cox to have no contact with those deputies and bars him from going on the jail premises but it does not remove him from office. Cox agreed to retire in January 2010, which would allow him to draw his full state retirement benefits. The agreement delays final sentencing for Cox until March 2010.

A week after Cox entered the plea, however, unhappy county residents besieged Barren Fiscal Court demanding Cox be fired and the court voted unanimously to withhold his pay. But Cox, through a letter from his attorney, Bobby Richardson, announced he planned to resume his duties as jailer on Monday, March 30, from a remote location.

“This is ridiculous,” said Judge/Executive Davie Greer. “This has got to stop. (Cox) says he’s going to take over March 30.”

Jailer is a constitutional office in Kentucky, and the county has few options to remove Cox.

Kentucky Revised Statutes 61.040 says conviction of a felony vacates public offices and KRS 61.170 states that such judgment of conviction “shall declare the office held by such person vacant.” But Cox entered an Alford plea and the order allows him to retain at least the title of jailer until next January.

But there might be another statutory avenue. Section 227 of the state constitution allows the General Assembly to pass laws governing removal of local officers, including specifically jailer. KRS 63.100 through 63.130 appear to give Gov. Steve Beshear the authority to remove Cox. Those statutes indicate the governor can sign written charges against peace officers supported by two written affidavits which need not “possess the formalities and exactness of an indictment.” (KRS 63.100) After taking oral testimony or testimony through depositions and after consideration of the testimony, the governor may find the officer guilty of neglect of duty and order him removed from office (KRS 63.110). The officer may also appeal.

Greer, the judge/executive, said she’s asked Beshear through intermediaries, including Rep. Johnny Bell, D-Glasgow, to remove Cox from office. Bell said he hadn’t spoken with the governor directly but had passed on Greer’s request through Beshear’s staff. Beshear said he’s unaware of any formal request but is aware of the statutes and has read news accounts of Cox’s legal proceedings.

“I don’t know a lot of details,” Beshear said. “I know at first blush it would appear that it’s a local situation that perhaps local officials can best handle.”

His General Counsel, Ellen Hesen, said there is no precedent for such a removal and local prosecutors could charge Cox with misfeasance or malfeasance and a conviction on those would vacate the office. The county might also investigate whether Cox’s surety bond has been revoked.

Meanwhile, Barren Fiscal Court retained Jim Deckard of Hurt, Crosbie and May legal firm and the former General Counsel to then Gov. Ernie Fletcher, to represent the county in the matter. CNHI News Service obtained a letter that Deckard sent to Cox’s attorney which quotes Cox’s July 25, 2008 declaration to relinquish his position, “until all criminal charges currently pending against me are fully resolved in court.” Deckard’s letter contends Barren District Court “will retain jurisdiction over your client’s pending criminal matter through final sentencing in March 2011.”

It goes on to say Sheriff Eaton will continue to operate the jail and asks that “Mr. Cox be cautioned against interfering with Sheriff Eaton’s discharge of these duties until (Cox) is relieved from the conditions of his negotiated plea agreement by Judge Mershon and/or notified that he may return to the duties attendant to the office.”