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Local Voices

County Sheriff for 'Dummies'

The citizens of Forsyth County vote on July 31 to select a Republican candidate for Forsyth County Sheriff.

The three candidates (Figure 1) are Coroner Lauren Wylie McDonald III, Sheriff Ted Paxton, and Duane Piper. Are you having problems choosing from the three candidates?

County Sheriff for Dummies will help you to understand the fundamentals of what to look for in a sheriff candidate. It will help you to make an informed and educated vote. Most people don't know it, but the county sheriff is one of the oldest officials in common law jurisprudence. 

The office of Sheriff is over 1,000 years old and is the oldest law enforcement position in the United States. The first Sheriffs appeared in Great Britain just after the Norman Invasion of 1066 AD. Some historians claim the origination of the Sheriff was derived from the Roman proconsuls in the 4th Century BC. The office of Sheriff was imported into the American colonies and Chatham County Georgia established the oldest Sheriff's office in Georgia in 1732. The holder of this ancient and great office has expansive responsibilities and utility and is the most powerful elected constitutional law enforcement officer in their jurisdiction.

The Sheriff is elected by the sovereign citizens of Forsyth County and reports to no other authority than the citizens of their county. Thus the Sheriff has more power than the governor in his or her jurisdiction. The county Sheriff can interpose between the citizens and the governor, the State Legislature, and the Georgia State Patrol. The county Sheriff has standing to sue the federal government and arrest anyone violating the rights, liberties, and freedom of the sovereign citizens of Forsyth County. (See Printz v United States) The Sheriff is elected to serve the people and is the highest-ranking peace officer in the county.

Georgia Code O.C.G.A. TITLE 15 - COURTS CHAPTER 16 - SHERIFFS is the statute that governs and defines the roles and responsibilities of the county Sheriff. The Sheriff has been an integral part of Georgia since our founding in 1733. Very little has changed since 1777 when Georgia ratified its first Constitution. The office of the elected Sheriff remained intact during all iterations of Georgia's Constitution in 1789, 1798, and 1861. Even during reconstruction (1865, 1868, and 1877) when the Georgia Constitution was undergoing radical changes for readmission into the Union, the roles and responsibilities of the Sheriff remained relatively unchanged. Even the ancient ascension plan remains intact in Georgia today.

In antiquity when the Sheriff was unable to perform the duties of that office, the elected Coroner ascended to the Sheriff's office until an appointment was made. If the Sheriff suddenly died in office the Coroner ascended to that office until a special election was scheduled. The Coroner and Sheriff work closely to bring felons to justice. The Coroner is equal in prestige to the Sheriff and is an officer of great dignity with the power to check the Sheriff's criminal investigation decisions. Generally the Coroner determines if a homicide has been committed not the Sheriff. 

The Sheriff is responsible for law enforcement and is authorized to swear in deputies and posse comitatus [noun: medieval Latin; the body of persons that a peace officer of a county is empowered to call upon for assistance in preserving the peace, making arrests, and serving writs.]. Sheriff Joe Arpaio in Maricopa County, Arizona has a posse comitatus of more than 3,000 members. The county Sheriff is also in charge of the militia. The United States Constitution authorizes Congress to call forth the militia; Article 1, Section 8, Clause 15 reads; "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions." The county Sheriff is the commands that militia.

Should the holder of the office of Sheriff betray the trust of those who elected him to this great position there is recourse. The most effective recourse is to simply elect someone else to that position. Another recourse is impeachment. Georgia Code has specific procedures to investigate a Sheriff, but only the people can impeach a Sheriff by a vote of the state legislature.

Any citizen or group of citizens can appeal to the Speaker of the House to present articles of impeachment for the county Sheriff to the state legislature. The Speaker turns that evidence over to the Judiciary Committee and this committee will decide whether to bring the matter to the floor. If it comes to the floor the constitutionally elected representatives of the people will vote YEA or NAY to impeach the Sheriff. 

Listen to the words of the candidates on the campaign trail. The Sheriff should be possessed with impeccable judgment and common sense. Assess the candidates understanding of this high office and determine if the candidate you choose will protect your freedom and liberty and serve as the Chief Peace Officer with dignity and morality.

Glo Winters

9:23 am on Wednesday, April 18, 2012

Wow! I learned a lot from this article. Thank you!

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