Two recent cases involving an altercation with a process server have garnered significant attention.
In one of the cases the mayor of Mendenhall, Mississippi is being charged with simple assault after a process server attempted to serve him at his home. The process server claims the mayor, Steve Womack, swore at him and assaulted him. Womack claims these allegations are false and plans to dispute them.
In the second case Illinois attorney Allen W. James received a 60 day suspension after he pulled a loaded semiautomatic handgun on a process server in the parking lot of county courthouse. While he claimed to not know who the individual was, the hearing board pointed out that he had been evading service and most likely had a good idea that the man was a process server. In the courts, James was found guilty of misdemeanor aggravated assault.
There certainly needed to be some repercussions, but this begs the question of what would the outcome have been if James had pulled a loaded weapon on an officer of the court? He certainly would’ve faced a higher set of charges and potentially could have been disbarred. Process servers still have a ways to go before they have a higher level of protection against these types of assaults, which could in turn reduce the number of these attacks if individuals knew that they faced a more serious sentencing.