The office of sheriff is a constitutional office created by Article 11, 5 of the Washington State Constitution (Amendment 12) which reads in part as follows: "The legislature, by general and uniform laws, shall provide for the election in the several . Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. the 39 Sheriffs joined together in 1984 to form this Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. Since the 2021 attack on the capitol campus, security has increased, two people have faced prosecution and reporters continue to feel the shock. One of Southwest Washingtons most vocal opponents to pandemic restrictions recently contracted COVID-19, was hospitalized and continues to rely on oxygen. Any arguments that these sheriffs have regarding state or local . Duty to make complaint. The Anti-Defamation League considers the organization an anti-government extremist group., Songer has been a prominent voice for Macks group after Mack celebrated his stance on Washingtons gun laws. Mack was so heavily influenced by the events at Ruby Ridge that he contributed to a book written by Randy Weaver, the white supremacist who provoked the standoff with the government. Its origins are in the American county supremacy movement, which includes two concepts that often work in tandem. knowledge, within their respective jurisdictions. 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. My No. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. professionalism, leadership development, 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 . In 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. 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. Other Washington sheriffs and candidates have similar beliefs, even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. The quote by Sheriff Jones about "the popular vote" is a reference to the fact that last November, the people of Washington voted to pass Initiative 1639 (I-1639). It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. The product of Republican political consultant Nathan Sproul, Protect America Now, incorporated in Phoenix, Arizona, as a domestic non-profit corporation on June 26, 2020. You get the latest CSPOA updates & access more training to know your rights! This idea was pioneered by Christian identity minister William Potter Gale in the 1970's and There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. The Sheriff Mack Show: Sheriff Richard Mack & Sam Bushman ft. Tina Peters, CSPOA Posse Intel 1-10-23: Sam & Jack Discuss Hard Times Coming, Survivalist Mindsets, CSPOA 01/03/23 Webinar - Sam Bushman, Jack Mullen, & State Director Kirk Launius, Sheriff Mack Webinar / Consultation Request. Thats part of my oath, Gese said. The oath that sheriffs take is not unique. Sign up to get important news and culture from around the Northwest, delivered to your inbox six days a week. This . . The constitutional sheriff movement has its roots in the Posse Comitatus ("power of the county") movement of the 1970s and '80s. In the exercise of executive and administrative functions and in conserving the public peace [[Orig. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. The so-called "constitutional sheriff" movement has grown in Washington. Recent events have shown that local and federal politicians are eager to . Sometimes the news is the story. The far-right ideology promoted by Mack and Songer is expressed by a disturbingly large number of sheriffs, said Devin Burghart, executive director of the Institute for Research and Education on Human Rights, a Seattle-based nonprofit thats studied the movement. Its not just worrisome because they may decide not to enforce laws they disagree with. Article 11, 5 of the Washington State Constitution denotes "The sheriff" is the chief executive officer and conservator of the peace of the county. 225 (1916). Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. And with the Nov. 8, 2022, election just around the . 322. As reported by WWNY, that responsibility and those boundaries, he says, should be set by people, not local law enforcement.. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. By SHANNON NAJMABADI, The Colorado Sun. The duties of the sheriff, who is a constitutional officer, Article II, section 5 as amended;State v. Melton, 192 Wash. 379, 73 P. (2d) 1334, (1937), have been established by the legislature and appear in chapter 36.28 RCW. 80 of the 102 counties have now declared their defiance of the so-called "assault weapons ban" in Illinois. Burnetts challenger in this years election, Mike Morrison, said he wouldnt allow personal feelings to dictate how I do law enforcement. He referred to Mack and the constitutional sheriffs group as more of an extremist political group and said he would consult with prosecutors and the county attorney if he had questions over the legality of enforcing a law. I dont think thats the right tool, Burghart said. issues of mutual concern. 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. While only about 300 out of more than 3,000 sheriffs in the country are official members of the Constitutional Sheriffs and Peace Officers Association, nearly half of sheriffs nationwide who responded to a survey by The Marshall Project said they believe their power outranks federal or state government in their county. "As an elected sheriff and a constitutional sheriff, I believe it violates the Second Amendment of the U.S. Constitution," he says, "and, more specifically, violates the Washington state . At least 20 county sheriffs in Washington state . You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. I dont think thats the right tool, Burghart said. The sheriff is the chief executive officer and conservator of the peace of the county. The AGs office did not return a message seeking comment for this article. All rights reserved. In that case an order of the governor removing a sheriff for nonfeasance of office was affirmed by the court. We have your letter inquiring whether this office has previously given any opinions defining the duties of a county sheriff generally and particularly as to the investigation of criminal charges. It declares, Any and all federal agents trying to enforce the regulations as they had stipulated shall be subject to arrest by the Newton County Missouri Sheriffs Department.. This movement picked up exponentially after the shooting at Marjorie Stoneman Douglas High School in Parkland, Florida, on Feb. 14, 2018, along with the sheriffs involvement. The court stated that information of offenses received from responsible sources cannot be ignored. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. I think its a decision that communities have to make on their own, she said. 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! 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. This beloved show is back with more tales from James Herriott and the delightful Yorkshire Dales. Foxs 5 p.m. chat fest is the new king of cable news. The Washington Standard / January 17, 2023. In 2019, self-described Constitutional Sheriffs in Washington, urged on by militia and extremist right-wing groups, refused to enforce a new gun law. While the county sheriff is obligated to investigate alleged violations of the law, the prosecuting attorney has no authority to compel any action by the sheriff. . Since then, the so-called constitutional sheriff movement has grown in Washington. 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. Constitutional Sheriffs and Peace Officers Association Fringe sheriffs from across the country have refused to enforce the rules inside their county lines. Sheriffs Association (WSSA) is to promote ethics, Bhattacharyya said the worst case scenario would be if these sheriffs are emboldened to meddle with the elections process. 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. For one, the word sheriff doesnt appear in the U.S. Constitution. There are but few cases concerning the extent to which there is a duty on the part of the sheriff to investigate criminal charges under common law. Yet there is an urgent need to address how sheriffs are increasingly undermining law enforcement accountability and distorting public policy more broadly. Not only did it get him on far-right conspiracist Alex Jones show, but his stance caught the attention of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that wrongly asserts a sheriffs power supersedes that of state and federal authority. 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. The Sheriffs of Washington are elected and are constitutional officers within the Constitution of the State of Washington. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. In both of these cases the inaction of the sheriff was flagrant and the violations of law about which nothing was done were many. 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. 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. OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement. 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. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. And here in Washington state, weve got some bad guys in government.. 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. Sheriffs & Peace Officers Ass'n, supra note 1. has also joined the campaign. Not partially or totally mentally incapacitated. Gov. "The bottom line is that we have Constitutional duties with our oath of office," Lincoln County Sheriff Wade Magers told Schneider. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. 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. Noah Oppenheim stepping aside as president of NBC News, including state governors and the president, refuse to enforce a range of public safety laws, anti-government, militia-supporting Oath Keepers, Constitutional Sheriffs and Peace Officers Association, longtime board member of the Oath Keepers, official training events, led by Mack, to teach, Virginia Sheriffs Association assertions, have also played a role in undermining police accountability, our democracy from extremists within law enforcement, electoral process has not been effective at holding sheriffs accountable. 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. But a Spokane civil rights attorney is concerned the letter suggests sheriffs have powers beyond their roles as local law enforcers. Mack wrote the foreword for Weavers book Vicki, Sam, and America: How the Government Killed All Three. In order to improve and provide effective service and protection to all citizens of Washington, 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. federal lawmakers on criminal justice issues. of need. 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. He has previously declared that the greatest threat we face today is not terrorists; it is our own federal government.. Honorable John PaneskoProsecuting AttorneyLewis CountyChehalis, Washington Cite as: AGO 51-53 No. But legislators caved to Virginia Sheriffs Association assertions that the new oversight could not apply to sheriffs because sheriffs are elected constitutional officers.. . In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. Bhattacharyya, too, has mixed feelings about appointed sheriffs. Not only did it get him on far-right conspiracist Alex Jones show, but his stance caught the attention of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that wrongly asserts a sheriffs power supersedes that of state and federal authority. Other sheriffs or candidates for the office may not believe their authority is that powerful but are still willing to disregard a law based on its perceived constitutionality. Higley, AZ, SPLC is a nonprofit, tax-exempt 501(c)(3) organization (EIN: 63-0598743), Local Policing and Immigration Enforcement, Request for Legal Assistance Economic Justice, mass shooting at an Aurora, Colorado, movie theater, Sandy Hook Elementary School in Newtown, Connecticut, shooting at Marjorie Stoneman Douglas High School, openly defied his governors stay-at-home orders, were actually attempting a legal citizens arrest, antisemitic conspiracy theorist Robert David Steele. I dont think the Constitution gives sheriffs a greater degree of authority over state or federal officials.. (Klickitat County Sheriffs Office photo). 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. violations of the criminal law, which shall come to their 36.28.011 Washington: DC: Monday . InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. Since then, the so-called "constitutional sheriff" movement has grown in Washington. The Constitutional Sheriffs and Peace Officers Association (CSPOA), an organization that subscribes to the view that sheriffs are the supreme power in their counties and that the power of the sheriff "even supersedes the powers of the President," 3 Const. 307, 179 Pac. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. She/he is elected to safeguard the rights of the people and exercise the powers that the public has entrusted to him or her. Kitsap County Sheriff John Gese also rejected Macks ideology. They announced they would defy the new gun laws because, in their interpretation, it violated the U.S. Constitution. Using sheriffs to challenge laws is a part of . "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 . I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. 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. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. In fact, more than 60 . Its not just worrisome because they may decide not to enforce laws they disagree with. 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. The Constitutional Sheriffs and Peace Officers Association was founded in 2011 by Richard Mack, a former sheriff in Arizona who believes the greatest threat we face, as a nation, is our own federal government. The organization was opposed to the Obama administrations gun initiatives and promised its members wouldnt enforce policies they thought violated the Constitution. 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 . 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. a one-time candidate for Dallas County sheriff, is the Texas State Director . 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. They announced they would defy the new gun laws because, in their interpretation, they violated the U.S. Constitution. Some Sheriff's Candidates Run on Not Enforcing Certain Laws. His ideas went on to influence sovereign citizens and militia . You must have JavaScript enabled to use this form. She says the name of the sheriff's group is designed . Listen to the Story, Saving Skagit County. 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