Thibodaux mayor questions city marshal's police powers. Marshal calls it 'playing politics'

Thibodaux City Marshal Calvin Cooks is accusing Mayor Tommy Eschete of “playing politics” after he sought a state Attorney General’s Office opinion on Cooks' law-enforcement powers.

However, Eschete said he sought the legal opinion because he has genuine concerns about the city’s law enforcement procedure.

“In the past, we’ve had marshals elected prior to Mr. Cooks,” Eschete said. “Those marshals never chose to exercise police powers in the corporate limits of the city because we have a police department. They basically just acted as officers of the court and would execute subpoenas, eviction notices and stuff like that. They wouldn’t write tickets, stop drivers for traffic violations or decide they were going to exercise the same powers as the Thibodaux Police Department.”

Cooks said the mayor should have come to him first to address such concerns.

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“He wants me to go to him to get permission to do anything in the city and that’s not going to happen because I don’t answer to him,” Cooks said. “I answer to the people. Why hasn’t he questioned the powers of the previous marshal? Why didn’t he call me and ask me? Why can’t we work together? This is all about sabotage and political rhetoric.”

In a May 13 letter addressed to Eschete, Louisiana Assistant Attorney General Chimene St. Amant says a city marshal has the same authority as a sheriff, including the power to make arrests and write tickets.

“Accordingly, it is the opinion of this office that the city marshal has the same powers and authority as a sheriff to enforce the laws and ordinances of the state, parish and city within his jurisdiction, including the power to make arrests and preserve the peace,” Amant said in her legal opinion. “The exercise of this power does not require an order of the Thibodaux City Court, the consent of the mayor or other authorization granted to the city marshal.”

Cooks, Thibodaux’s first Black city marshal, was elected in 2020 to a six-year term. Before being elected, he served as a captain with the Thibodaux Police Department.

Typically, the city marshal oversees subpoenas, municipal court and handles contempt-of-court warrants.

Shortly after Cooks took office, he expanded his department’s services to include transporting prisoners, launching a social media page, unlocking car doors and making arrests.

Eschete, who was elected in 2010 and completes his final term in office in January, said he is concerned about liability issues when it comes to marshals having law-enforcement powers.

“My concern is that if Mr. Cooks can make arrests, where is the liability if we have an issue with an arrest or any other law-enforcement issue that he decides to address that is typically addressed by the Thibodaux Police Department?” the mayor said. “I get served every time someone sues the city of Thibodaux. The only defense the city can fall back on when there’s litigation filed is to make sure that our offices follow our policies and procedures, which are critical in the operations of law enforcement and the city.

“As I understand it, Mr. Cooks has no policies or procedures,” Eschete added. “He can exercise those authorities at his will. If that’s the case, who’s going to be served in the event of litigation? Is it going to be the city of Thibodaux or his office? Now that I know the AG’s Office opinion, which I don’t agree with, I want to know what his policies and procedures are and what’s going to happen if litigation is filed?”

Cooks accused the mayor of “holding a grudge” because he supported his opponent Foye “Put” Lirette during the election.

“He’s been trying to sabotage my office,” Cooks said. “He never called and expressed his concerns about the Marshal’s Office. He never told me he filed a request with the AG’s Office seeking their opinion. They’re the ones who notified me. That’s how I found out. He’s doing it because he didn’t support me. It’s just political rhetoric.”

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Cooks said his department is drafting policies and procedures because there were none in place when he took office.

“I have a complaint form so that anyone who wants to file a complaint against the Thibodaux City Marshal’s Office can do so,” he said. “Any complaint made against a deputy marshal will be outsourced to another agency for an investigation. There were no policies or procedures in place during the previous marshal, who had been there for 30 years. We’re in the process of putting a policy and procedures in place. I’m willing to work with any law-enforcement agency to protect the people in this community. You’ve got to put the political rhetoric aside and work together.”

Eschete along with two other defendants are also embroiled in a lawsuit filed by Cooks 10 years ago alleging they fabricated rumors implicating him in the vandalism of Thibodaux Police cars. That case is still pending.

— Staff Writer Dan Copp can be reached at 448-7639 or at dan.copp@houmatoday.com. Follow him on Twitter @DanVCopp. 

This article originally appeared on The Courier: Thibodaux Mayor Tommy Eschete questions city marshal's police powers