Yadkin County can’t break ground for a new jail until a lawsuit challenging its location is resolved. The roadblock could halt jail construction at least until a new slate of county commissioners — who favor keeping the jail downtown — is seated in December. A majority of the outgoing commissioners want to build a jail outside of Yadkinville, the county seat.

“That by itself is enough to stop the whole thing,” said Commissioner Brady Wooten of the language in the loan. Brady is one of two county commissioners who have consistently opposed building an $8.2 million, 150-bed facility about four miles from the courthouse.

Superior Court Judge John Craig III has been prodding the county to build a new jail. For years, the state Department of Health and Human Services has been citing the jail for deficiencies ranging from inoperable toilets to fire safety problems.

The lawsuit that is holding up breaking ground on a new jail was filed by Charles and Nancy Sapp and 13 other people in 2008 and challenged the rezoning of the land for the jail. Craig, who heard the case, found that the rezoning was proper, but the case has been appealed.

The county has already raised taxes to build a new jail and is paying interest on the $7.3 million loan from RBC Bank.
“I think it’s an irony that the same judicial system under Judge Craig that’s compelling us to build is the holdup,” said Chad Wagoner, the board chairman.

Other North Carolina counties also have struggled with what to do about aging jails. Some have chosen to join forces with other counties to house inmates.

Michael Sanera, the director of research and local government studies for the John Locke Foundation, said three jails in North Carolina are operated by more than one county. Three state prisons in North Carolina are run by a private contractor. Prisons run by private contractors tend to be less expensive than prisons that are government-operated.

A 1995 opinion from the state attorney general holds that a state law deeming county sheriffs “keepers of the jail” prohibits counties from contracting out jail operations. But Sanera said there could be some wiggle room in interpreting the law.

Wagoner said one Yadkin County commissioner had chatted with a commissioner in Wilkes County about having a joint jail, but nothing has come of those discussions.

“I wouldn’t necessarily be opposed to it,” Wagoner said. “It’s just who would have jurisdiction over it. I think we’re having enough problems with our own jail without trying to do two entities. I’m not saying it’s impossible to do.”

Craig, who has been pushing the county to build a new jail, said he hadn’t been aware of the language in the loan.
“It is what it is,” Craig said. “The loan document adds a new layer of complexity that I wasn’t aware of, but I’m not going to stir things up by bringing the bank in. I’m going to take it on faith that they’ll proceed as quickly as they can once the appeal is over.”

Sarah Okeson is a contributor to Carolina Journal.