Today was historic. This afternoon in the small capitol of a small state, Dover Delaware, the State Senate voted to strip the county Sheriffs of any and all powers of Arrest. The State Constitution didn't change, the definition of conservator of the peace didn't change.

  That's how we roll in Delaware. We just do stuff, openly and notoriously that would have made Atlantic City Mayors Mike Matthews and Jim Usry blush AFTER they were convicted. I can't even imagine Marion Barry's reaction.

 State Senator Deluca spoke in support of the anti-sheriff bill. Waving a thrree ring binder of complaints from the Sussex County Council, the Delaware State Police, and Police Chiefs Association. Senator Deluca twice stated that Sussex County Sheriff Deputies were 'self dispatching' to calls from the Delaware State Police picked up by scanners.

  Yep, that's how it's done in most of America. Sheriffs are the supreme law enforcement entity in their counties. If they hear a call they respond.

 The Sheriff wasn't complying with instructions from the County Council.
The Delaware State Code specifically states that a Sheriff is not a part of the County Government, why would the Sheriff be subservient to the County Council?

 The Delaware State Police were against the Sheriff? The Police Chiefs Association is against the Sheriff? The Sheriff is not subject to the direction of the Delaware State Police or the Police Chief's Association.

 The Police Chiefs Council is a 501c(6) according to Mr. Martin Johnson. The office is actually located inside the Dover Police Station. You have to see the police to see the Police Chiefs Council. * Correction from earlier post *

  Senator Deluca mentioned tax dollars related to liability for Sheriff actions. Presumably it won't cost the state one thin dime to fight the legal battle that this legislation will bring. There might not be an elected Sheriff in America that can afford to let this legislation stand.

 Here's a hint as to what might be next for Delaware after passing this apparently unconstitutional legislation:

From Carson J. Tucker - http://amicus-curious.com/2012/06/06/an-open-letter-to-the-delaware-general-assembly/

_________________________________

I would call to task any such individual who ignorantly challenges the powers of the
County Sheriff to enforce the law and to make arrests in light of this unassailable constitutional
legal history, and, more importantly, in light of the precise language of the Delaware
Constitution vesting the Sheriff with powers of conservator of the peace.
1
  Not to mention the horrendous consequences this proposed usurpation has of eviscerating the public’s will and their representative choice in who they wish to perform this inarguable constitutional duty. Source
###


  The Delaware Attorney General's opinion was given great weight. Our Attorney General is Beau Biden, son of Vice President Joe Biden. Here's a tidbit that the opinion centers on:

 "  The  Constitution  does  not  define  the  powers  of a  "conservator'
of the  peace,"  and  dictionary  definitions  offer  little  guidance.  See  Black's  Law  Dictiotxary  (rev.
4th ed.  1968)  at  378  1"Officers  authorizcd  to  preserve  and  maintain  the  public  peace."). Source

 That's a good idea, lets see Black's Law Dictionary and take a peek at page 378:


"1
  Black’s Law Dictionary provides a very thorough definition of the powers of a “conservator of
the peace” and even cites Delaware’s own constitutional  provision as a legal exemplar.  It
provides:



CONSERVATORS  OF THE PEACE.   Officers authorized to preserve and
maintain the public peace.  In England, these officers were locally elected by the
people until the reign of Edward III, when their appointment was vested in the
king.  Their duties were to prevent and arrest for breaches of the peace, but they
had no power to arraign and try the offender until about 1360, when this authority
was given to them by act of parliament, and “then they acquired the more
honorable appellation of justices of the peace.”  1 Bl. Comm. 351.

Even after this time, however, many public officers were styled “conservators
of the peace,”  not as a distinct office but by virtue of the duties and authorities
pertaining to their offices.  In this sense the term may include the king himself,
the lord chancellor, justices of the king’s bench, master of the rolls, coroners,
sheriffs, constables, etc.  1 Bl. Comm. 350.  See Smith v. Abbott, 17 N.J.L. 358.
In Texas, the constitution provides that county judges shall be conservators of the
peace.  Const. Tex. Art. 4, § 15; Jones v. State, Tex. Cr. App. 65 S.W. 92.  The
Constitution of Delaware (1831) provides that:  “The members of the senate and
house of representatives the chancellor, the judges, and the attorney-general shall,
by virtue of their offices, be conservators of the peace throughout the state; and
the treasurer, secretary, and prothonotaries, registers, recorders,  sheriffs, and
coroners,  shall,  by virtue of their offices, be  conservators thereof within the
counties respectively in which they reside.
[Black’s Law Dictionary (rev’d. 4
th
ed.) (1968), p. 378 (emphasis added).]"

   What's next for Delaware?  Legislative Rehab? The new reality show?

(quoted text taken from : http://amicuscuriousdotcom.files.wordpress.com/2012/06/vitae-republicae1.pdf)

 In the coming weeks and months we'll look at the unique cast of characters in the anti-sheriff movement.

By Doug Beatty, copyright 2012 all rights reserved.