While sheriffs have discretion they dont go after every person for jaywalking, for example their oath of office does not give them the authority to pass laws like legislatures or to decide their constitutionality like the courts. (Scott said reform talks had collapsed because Democrats supported defunding the police, but the FOP and International Association of Chiefs of Police publicly disputed that characterization.) Beware the extremist, dangerous and unconstitutional constitutional sheriffs, Sign up for a weekly roundup of thought-provoking ideas and debates, 6 things people believe about politics that are totally wrong, Female bodybuilders, big and strong, are still no match for vile men, The Biden documents scandal is a test for the media and an opportunity. Sheriffs in a dozen Washington counties say they won't enforce the state's sweeping new restrictions on semi-automatic rifles until the courts decide whether they are constitutional. These sheriffs base this claim to power on their oath to uphold the Constitution. In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. training and dialogue among its members and the law Thousands violate unconstitutional Washington state gun law. Constitutional Sheriff and Peace Officers National Operations Director Sam Bushman owns Liberty News Radio, which produces his own show Liberty Roundtable, where he has hosted antigovernment figures such as Stewart Rhodes, Scott Bradley of Freedom Rising Sun and members of the John Birch Society. And here in Washington state, weve got some bad guys in government.. Of those who responded, several expressed their belief that their power was greater than federal or state authority, even if they sometimes found Mack extreme. Joe Harris, running for sheriff in Grant County, said in an interview that if there were a state or federal law that he didnt think was constitutional, then he would not enforce it. The Anti-Defamation League considers the organization an anti-government extremist group.. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. In May, the group listed Songer as a sheriff committed to investigating election fraud and quoted Songer saying he was convinced there was widespread voter fraud in the 2020 election after seeing the widely debunked film 2000 Mules.. Not partially or totally mentally incapacitated. The group includes Mark Lamb of Pinal County, Arizona, whom Mack personally endorsed saying, Yes, Sheriff Lamb is a Constitutional Sheriff and is one of the best sheriffs in America; Sheriff Wayne Ivey of Brevard, Florida, and Sheriff Jesse Watts of Eureka, Nevada, who have both self-identified as constitutional sheriffs; and Sheriff Scott Jenkins of Culpeper, Virginia, who spoke at the 2020 CSPOA Conference at Liberty University in Lynchburg, Virginia. Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. At some point if you end up with a corrupt government, if somebody is doing something that you believe is not constitutional, thats where the sheriff has not just the right, but a duty to intervene and uphold those laws, Burnett said in an interview. 307, 179 Pac. . The origins of constitutional sheriff ideology are in the two concepts of the county supremacy movement: the county and not the state or federal governments should control all land within its borders, and the county sheriff is the ultimate law enforcement authority in the U.S. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. The concept of the constitutional sheriff is a subset of the larger antigovernment movement. Phone: (360) 486-2380 FAX: (360) 486-2381. This statement was voted on and approved by a majority of the sheriffs in the . A far-right "Constitutional Sheriffs" group has partnered with a vicious antisemite on the Arise USA bus tour to find recruits and woo county sheriffs. Others who took this step were spurred on and recruited by antigovernment extremists who spent 2021 exploiting the pandemic for their own ideological purposes, most notably the Constitutional Sheriffs and Peace Officers Association (CSPOA). Leaf, who has been openly friendly to militia in the past and questioned whether the men charged with kidnapping Gov. Since 2015, Deschutes County has paid almost $3.5 million to defend and settle claims against Sheriff Shane Nelson and the sheriffs office. In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. Never been convicted of a felony (with a few caveats). Enter Your Email Address & Get FREE Exclusive Email Updates From Sheriff Mack & Peaceful, Constitutional Solutions & Strategies You Can Use! About 10,000 citizens have also joined. Though constitutional sheriffs' groups had been on . InvestigateWest. The court stated that information of offenses received from responsible sources cannot be ignored. And the actions he took in recent years are similar to Songers: Burnett said he wouldnt be investigating crimes related to Washingtons new gun laws and he announced he wouldnt enforce COVID-19 masking rules and other mandates. Of course, if the situation should arise in which a sheriff had committed a misdemeanor such as set out in RCW 36.28.140, or misconduct as set out in chapter 42.20 RCW, it would then become the duty of the county prosecuting attorney to prosecute the action in behalf of the county and the state, but this authority can be exercised only in respect to prior action or inaction of the sheriff and cannot be used prospectively to move the sheriff to any action. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. So much for prime time. In the execution of his office, he and his deputies: (1) Shall arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses; (2) Shall defend the county against those who, by riot or otherwise, endanger the public peace or safety; (3) Shall execute the process and orders of the courts of justice or judicial officers, when delivered for that purpose, according to law; (4) Shall execute all warrants delivered for that purpose by other public officers, according to CONTACT US. To protect communities from abusive policing and our democracy from extremists within law enforcement, we must push back on assertions by sheriffs that they are above the law. Of particular concern are the self-styled constitutional sheriffs an increasingly influential subset of sheriffs who are subverting not only reform efforts but also core democratic principles. The COVID-19 crisis has spurred a growth in constitutional sheriffs across the country. Since then, the so-called constitutional sheriff movement has grown in Washington. Gales legacy of linking constitutional sheriffs to other members of the far right has lived on with not only Leaf but also a bevy of current and former sheriffs. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. And with the Election Day just around the corner, candidates for sheriff in Washington are increasingly touting their constitutional sheriff credentials, with many believing that they have the ultimate authority to decide what is constitutional and to enforce the law accordingly. Be a part of it! The fringe ideology of "constitutional sheriffs" is attracting believers within Texas law enforcement. it has always been accorded with great dignity and high trust" Whenever a state legislature passes overreaching violations of their constituents' civil liberties, or the federal government attempts to impose unconstitutional gun laws, there is a Constitutional Sheriff who can stand in their way. A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. To preserve and protect the office of Sheriff. To this day, the sheriffs in the survey are 83 per cent opposed to a national ban on assault weapons. Lamb was also a confirmed speaker at sovereign citizen group RidersUSAs seventh annual Second Amendment event, which was held in Phoenix, Arizona, on Feb. 15, 2020. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. Gretchen Whitmer of Michigan were actually attempting a legal citizens arrest, claimed in the post that the Posse and Militia have more lawful character than the agencies that have recently arrested the Militia. Leaf is also associated with the sovereign citizen National Liberty Alliance. First elected in 2016, Williams is part of the growing "constitutional sheriff" movement, which claims that sheriffs have the power to override federal and state authority on matters from border . This idea was pioneered by Christian identity minister William Potter Gale in the 1970s as Posse Comitatus, which is Latin for the power of the county. The primary purpose of this Sheriff is to protect, https://sheriffconstitutional.com/wp-content/uploads/2021/06/Tuesday-story-recording.mp3, Constitutional Sheriffs Article 11, 5 of Washington State, If the local government of this county attempts to rob or violate your constitutional rights. Recent events have shown that local and federal politicians are eager to . Duly enacted laws are presumed to be constitutional. Four years ago, many of Washington states sheriffs were unhappy with a voter-approved gun safety law that required stronger background checks and raised the age to buy a semi-automatic rifle. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. The power of sheriffs does not outrank that of the feds or the state, but in practice, theres often little to be done about a sheriff who refuses to enforce laws. (Although even the National Sheriffs Association notes that this oath is taken by every law enforcement officer and confers no special authority on sheriffs.) (by CSPOA on Dec 17, 2014) The New American reports: Local media in Olympia, Washington, covered Gavin Seims We Will. RCW A campaign manager for Clark County sheriff candidate Rey Reynolds responded to InvestigateWests questions with a letter to the editor Reynolds wrote to a local paper in which he said, the sheriff is the ultimate law enforcement authority in a county. The campaign did not respond to follow-up questions aiming to clarify whether he believes sheriffs power supersedes state and federal officials. State v. Melton, supra. Throughout 2021, CSPOA held seminars and trainings meant to radicalize the sheriffs into believing they have ultimate U.S. law enforcement authority and are, as CSPOA presents it to them through online and in-person presentations, Americas last hope.. The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. Lacey, WA 98516. federal lawmakers on criminal justice issues. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. "The Office of Sheriff is one of antiquity. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 My No. Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. Constitutional Duty of the Sheriff - Richard Mack TOTAL STATE SHERIFFS ASSOCIATIONS: 17 Updated 02/22/2014 Note: A statement from a state association does not necessarily mean that every sheriff in the state supports it. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. It appears that, as one state official told me, the Virginia lawmakers just did not want to take on a political battle with sheriffs known to be a combative bunch. Michael Peroutka, a neo-Confederate, Christian Reconstructionist anti-LGBTQ activist who was the Constitution Party's presidential candidate in 2004. Some of the sheriffs who declined to enforce these laws are constitutional sheriffs. Gale promoted the formation of citizens militias, making the claim that all healthy men between the ages of eighteen and forty-five who were not in the military could be mobilized into a posse comitatus to redress their grievances, according to the book Aryan Cowboys: White Supremacists and the Search for a New Frontier, 1970-2000. Mack compared sheriffs who refused to enforce the stay-at-home orders to civil rights activist Rosa Parks and claimed a sheriff who refused to enforce his own states executive order was standing against Nazi tactics. Led by Richard Mack, the CSPOA increasingly seeks out law enforcement audiences, billing his extremist events as "trainings." In a disturbing development, in 2021, Mack was able to win official . Thats part of my oath, Gese said. Klickitat County Sheriff, Bob Songer, Republic police chief Loren Culp, and Ferry County Sheriff Ray Maycumber are among those who have publicly vowed not to enforce the new unconstitutional gun laws. This joining together of the More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. "In my 30 years in law enforcement, I have never seen a bill passed like this, and signed into law that was on his face, so unconstitutional." Sheriffs have a lot of power, but ruling a law . This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. When the sheriffs could not be persuaded that was that. The Sheriffs of Washington are elected and are constitutional officers 309. Carpinelli says at the end of the day, its about respecting each other and each others boundaries when it comes to concerns about the virus. OPBs critical reporting and inspiring programs are made possible by the power of member support. June 25, 2022, at 10:10 a.m. Supporter of Constitutional Sheriffs Article 11, 5 of Washington State. . In 2014 he argued that the Maryland legislature was no longer a "valid . violations of the criminal law, which shall come to their The constitutional sheriff movement has its roots in the Posse Comitatus ("power of the county") movement of the 1970s and '80s. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. The sheriff's protection starts when he tells the intruder, "by the power vested in me by the Constitutions of the United States and the State of Washington, you are noticed you will not be admitted into this county. In fact, more than 60 . What Is A Constitutional Sheriff? Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Contending that this authority supersedes that of all other government officials including state governors and the president they refuse to enforce a range of public safety laws, from local mask mandates to state and federal gun laws. knowledge, within their respective jurisdictions. Over three dozen sheriffs attended an event hosted by CSPOA and the Montgomery County Sheriffs Office in The Woodlands, Texas, from Feb. 26-27, 2021. Constitutional sheriffs assert they have the power not only to enforce the law but to be the ultimate arbiters of what the law is in their counties. They were also pivotal to the formation of the modern constitutional sheriff, militia and sovereign citizen movements, all of whom distrust or detest the government. . General duties. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. On May 15, 2021, the tour stopped in Lander County, Nevada, where the county commission voted to become CSPOA lifetime members and held a Patriotic Social Gathering. The audience consisted of locals, Nevada constitutional sheriffs, anti-vaccine groups and multiple militias, one with a recruiting booth set up. But while constitutional sheriffs often use this argument, it doesnt hold up to scrutiny, said Bhattacharyya, who has held leadership positions with the U.S. Department of Justice and the Department of the Treasury. The Constitutional Sheriff is a judicial officer, that "shall be elected by the qualified voters of their respective counties for a term of four years and shall have such qualifications . This American is a constitutionalist, a patriot, a husband, father, grandfather, businessman, firefighter, and All Rights Reserved. When asked about this particular act during an interview, Mack expressed that he loved it and said, Lets all follow Newton Countys example. This illustrates the potential danger of these laws. Jay Inslee struck back at Washington state law enforcement officers such Songer in a press conference on April 22, 2020: Whatever talents they have they just are not given the right in our democracy to make a decision about the constitution. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. That many sheriffs believe they have that power concerns people like Rupa Bhattacharyya, special litigation counsel for the Institute for Constitutional Advocacy and Protection within Georgetown University Law Center. When asked why he believes he has authority to enforce laws based on his own reading of the Constitution, Songer points to his oath of office to uphold the U.S. and state constitutions. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. Citizens could either volunteer or be called up by their county sheriff, who Gale believed was the only legal law enforcement officer in the country. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. This joining together of the Sheriffs has allowed the . the provisions of particular statutes; (5) Shall attend the sessions of the courts of record held within the county, and obey their lawful orders or directions; (6) Shall keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they may call to their aid such persons, or power of their county as they may deem necessary. Any oath taking official that violates their oath of office and enters this county without my permission shall be lawfully arrested! Furthermore, any treasonous acts attempted IN OUR COUNTY will be prosecuted! In that time, the sheriffs own employees have filed at least 25 complaints against him and the office, portraying a law enforcement agency where women are sidelined and intimidation is routine. The court added he need not patrol the streets as the police do, but he must keep his eyes and ears open for public offenses. cooperation may be had with other public officials and I dont care if its George Washington himself, they cannot tell us what to do., The group justifies this by declaring that constitutional sheriffs are upholding and defending the constitution.. Mack has been associated with a long list of extremists. Recent events have shown that local and federal politicians are eager to impose authoritarian measures in the name of "the common good." Collins dressed as George Washington for the training. shall be the duty of all sheriffs to make complaint of all We cannot have individual law enforcement officers arbitrarily decide what laws to enforce., In addition to defiance over coronavirus laws, Songer, along with constitutional sheriff Mark Lamb of Pinal County, Arizona, formed their own sheriffs posses. At some point if you end up with a corrupt government, if somebody is doing something that you believe is not constitutional, thats where the sheriff has not just the right, but a duty to intervene and uphold those laws, Burnett said in an interview. The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. And it is completely on brand that the 2016 CSPOA sheriff of the year tried to recruit other constitutional sheriffs to help him seize Dominion voting machines in 2020. Every believer in democracy should find it chilling that the CSPOA counts several hundred sheriffs as dues-paying members and hundreds of other sheriffs as supporters. One county law, titled the Newton County Missouri Second Amendment Preservation Act was enacted in Newton County, on Feb. 3, 2021. This article was published more than1 year ago. Other Washington sheriffs and candidates have similar beliefs even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. Tags:Law Enforcement, Politics, Election 2022. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . And with the Nov. 8, 2022, election just around the corner, candidates for sheriff in Washington are increasingly touting their constitutional sheriff credentials, with many believing that they have the ultimate authority to decide what is constitutional and to enforce the law accordingly. Mark Lamb, the 49-year-old sheriff of Pinal County, Ariz. who years ago signed Mack's association's pledge to be a constitutional sheriff created a nonprofit coalition of sheriffs this . Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. As gun laws throughout the west have gradually . Honorable John PaneskoProsecuting AttorneyLewis CountyChehalis, Washington Cite as: AGO 51-53 No. Constitutionalist sheriffs in charge: Constitutionalist sheriffs believe that the Constitution appoints sheriffs as the ultimate law enforcement authority, even above the federal government.The . . Around the same time, county officials began passing Second Amendment sanctuary legislation, most of which affirmed that additional state and federal gun control laws would not be enforced by the county. Counties experiencing rampant disinformation, including conspiracy theories that villainize the government, may be supportive of sheriffs who proclaim that they will not enforce laws they personally interpret as the product of a tyrannical government. In a recent webinar with Mack, Songer said that the association naming him the Constitutional Sheriff of the Year was an eye-opener regarding his duties as sheriff. The Constitutional Law group run by a non-attorney sovereign citizen who spent time during the pandemic offering his services as an attorney to businesses defying COVID-19 health guidelines listed CSPOA as a sponsor on their website and claimed to be working closely with CSPOA. Constitutional sheriffs and the CSPOA were involved in many of these efforts, using gun control to further their own agendas of radicalization and recruitment. Ex-Sheriff Arpaio was found in contempt of court in 2017 after refusing to follow a federal judge's order to stop profiling and detaining Latinx people during traffic stops and immigration raids. SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. Its not just worrisome because they may decide not to enforce laws they disagree with. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. Whether either court would have upheld an order of removal had the nonfeasance consisted of failure to investigate merely one or a few alleged violations of which the sheriff had been informed, of course, is doubtful. About a dozen or more sheriffs, mostly in rural counties, refused to enforce the restrictions against the people, citing that the provisions violated both the federal and state . One of Southwest Washingtons most vocal opponents to pandemic restrictions recently contracted COVID-19, was hospitalized and continues to rely on oxygen. Joe Harris, running for sheriff in Grant County, said in an interview that if there were a state or federal law that he didnt think was constitutional, then he would not enforce it. the chief law enforcement officers of their respective counties. Like many so-called "constitutional" sheriffs, Bob Songer defiantly rules Washington State's rural Klickitat County like a personal fiefdom, deferring to no other governing . From responsible sources Can not be persuaded that was that From sheriff Mack Peaceful! To enforce these laws are constitutional officers 309 longer a & quot ; in Washington, current. Follow-Up questions aiming to clarify whether he believes sheriffs power supersedes state and federal are! Power supersedes state and federal politicians are eager to 40100 Olympia, WA 98516. federal lawmakers criminal! 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