Lauderdale County's district attorney commented Thursday on a dispute between Meridian Police Lt. Dean Harper and Meridian Municipal Court Judge Robbie Jones.

Jones had specified that a Meridian attorney Jay Boling, charged with Felony DUI, be released on his own recognizance. Apparently, Boling was held in custody for a period of time, rather than being released after he turned himself in at the police department. Jones cited Harper with criminal contempt and a $500 fine Monday, and now Harper is suspended from his job with pay while police conduct an internal investigation.

D.A. Bilbo Mitchell said Harper contacted his office to see if it thought a recognizance bond in this type of case was appropriate. A recognizance bond allows a person arrested and booked to leave jail without posting a cash bond. Mitchell says in his opinion, with Boling's repeat offenses, he should have been ordered to post a cash bond.

"But they were asking me if I would agree to it (recognizance bond), and I said no, I wouldn't agree to it, because we already have a felony case on the defendant and I would have been arguing for a higher bond," said Mitchell. "A higher bond than would normally be placed on a on a DUI because he was already out on a felony bond. We're not involved in bonds; when I see a case come in my file, I never know what that defendant's bond is until the time he's convicted and then we have to collect a 2 percent fee of the bond. I would think a normal bond on a felony DUI would be something like 5 or 10 thousand dollars. But I'm not sure of that. It's up to the discretion of the judge, what a bond should be. And what a judge is supposed to take into account is whether someone is a danger to community and rather they're at risk of flight."

When asked if he considered someone with a several DUI arrests to be considered a danger to the community, Mitchell said he's not at liberty to give his opinion on that issue because there's a possibility he would prosecute Boling's case.

Judge Jones said he felt Boling would cooperate and appear before the court as instructed. Mitchell agreed, and said Boling has appeared at all his court dates so far.

But Mitchell says, normally, recognizance bonds are not issued in a situation like this one.

"I would think anybody with a felony DUI would have a bond set," Mitchell said.