City Marshal Brian Pope released from jail

Lafayette City Marshal Brian Pope was released from jail Thursday.

Pope had been in the Lafayette Parish Correctional Center since Feb. 28 after 15th Judicial District Judge Jules Edwards revoked his probation for not completing community service he ordered in 2016 on a contempt charge.

Pope's attorney asked the Third Circuit Court of Appeal Wednesday to reverse Edwards' decision to revoke Pope's probation. The appeal court stayed his sentence Thursday and ordered Pope released from jail while it reviews the case.

Probation for Brian Pope revoked, ordered to jail

The appeal court also is ordering the 15th Judicial District Court to provide it with a transcript of the Feb. 28 probation revocation hearing by March 14 so it can evaluate the merits of the case.

Attorney Harry Philips, representing Pope, asked Edwards March 1 to let the city marshal serve part of his sentence on house arrest.

He presented three arguments: Pope's position in law enforcement, the "extensive security" that will probably be needed if Pope remains in jail and the fact that his probation was revoked even though he still had about 253 days to complete the terms of the probation.

Edwards ruled Pope in contempt of court in March 2016 for not complying with an earlier order to provide public records to The Independent newspaper, which had filed a public records request and sued Pope when he didn't turn over the records.

Pope served seven days on house arrest in 2016 and was ordered to complete community service. Edwards ruled Feb. 28 Pope had not made a good-faith effort to complete the community service and revoked his probation, ordering him to serve 30 days in jail.

Pope's probation expires Nov. 7.

Brian Pope wants out of jail, asks to serve sentence at home

In addition to his problems in civil court, Pope has yet to face trial on seven felony charges, including perjury and malfeasance in office.

A 2016 indictment alleges Pope committed malfeasance on:

Sept. 1, 2015, when he had two employees of the City Marshal Office, while on the public's time, wrote a letter for his personal political campaign.

Oct. 7, 2015, when he held a press conference using the public funds of his office — including his office space and employees who were on duty — for a political purpose, namely to criticize Mark Garber, a candidate for sheriff, who opposed Chad Leger, whom Pope supported.

Nov. 10, 2015 through June 2, 2016, by using public funds to pay an attorney to prepare and draft a motion to unseal the divorce records of Garber.

June 13, 2016, by using public funds to pay for an attorney to represent employees of the City Marshal Office during questioning in a criminal investigation in which they were not the targets.

The other charges allege Pope committed perjury while under oath Dec. 28, 2015, at a sworn deposition that was part of The Independent civil lawsuit: