PORTSMOUTH, Va. — A frustrated Judge Johnny E. Morrison stood by his January ruling in Portsmouth Circuit Court on Friday, saying the City of Portsmouth can't close its city jail.
"Tell city council and the city manager that I mean what I say, they are not to close that jail," Morrison said to Portsmouth City Attorney Solomon Ashby.
In January, Morrison ruled that Portsmouth leaders could not condemn the city jail, ordering that it must be "repaired and maintained."
On Tuesday, Portsmouth City Council voted 4 to 3 to close the jail. Morrison seemed baffled that city legal counsel told council members that this was an option, based on his January ruling.
"What else did you think [the jail] would be used for, a daycare center?" Morrison said to Ashby. "Didn't the court rule the city cannot condemn the jail? That means it can't close the jail."
Morrison said he's giving Portsmouth city attorneys the benefit of the doubt that they misunderstood his ruling, rather than finding the city in contempt of court.
Ashby declined to answer questions following the hearing. Attorney Jon Babineau, representing Sheriff Michael Moore, said unless the city chooses to build a new jail, it needs to accept that the current one will stand.
"Their actions are completely contradictory to the order of the court and I don't know how anyone could have interpreted any differently than that," Babineau said.
Judge Morrison told attorneys representing both sides - the City of Portsmouth and Sheriff Moore - to take out their phones in the courtroom and set a date for a meeting next week. Morrison said he was frustrated the two sides still hadn't come to some agreement.
"Get your calendars out," Morrison said.
Sheriff Moore plans to meet with city leadership on March 17. However, Babineau doesn't expect much to change and anticipates needing a final ruling from Judge Morrison on June 16.