The District Attorney's Office on Friday filed a petition to remove from office suspended Lafayette City Marshal Brian Pope.
A jury convicted Pope in October of 2018 on three felony counts of malfeasance in office. The Louisiana Supreme Court recently refused to consider his appeal.
Pope has been suspended without pay since his conviction, but technically remained in office while appealing. He registered to seek re-election in the Nov. 3 race, but two judges found Pope was not qualified.
First Assistant District Attorney Daniel "Danny" Landry said Friday the District Attorney's Office filed a petition Friday to remove or disqualify Pope.
A hearing is set Thursday before Judge Thomas Duplantier, Landry said.
Pope may be going to jail for up to a year. Last week, Judge David Smith resentenced Pope to three years in the parish jail on each of the three felony convictions, suspending all but one year. Pope was booked into the Lafayette Parish Correctional Center, but released on bond the same day.
Smith ordered Pope to report to jail by noon Nov. 4 to serve his sentence.
Pope's attorney, Brett Grayson, argued in court that Pope previously served a year on house arrest, so that should count as his sentence and he should not have to serve more jail time.
Assistant District Attorney Alan Haney argued that Pope was out on bond appealing his sentence and was ordered by Smith to wear an ankle monitor and abide by a curfew. Smith did not order home detention for Pope, he said.
Smith deferred to Lafayette Parish Sheriff Mark Garber to determine whether the house arrest fulfilled Pope's sentence. When Pope was booked into the jail last week, Grayson had to get Smith to sign a special order to provide the jail ordering the release of Pope until Nov. 4 if Garber determined the house arrest did not serve as Pope's sentence.
Grayson said at the time it appeared Garber had determined Pope would have to serve a year in jail.
Neither Grayson nor a spokesman for Garber returned calls for comment on this story.
Pope's sentence also includes 240 hours of community service, $1,500 in fines, court costs, $11,700 in restitution and three years of supervised probation.
He faces an additional 19 charges of malfeasance in office.