Thursday, October 9, 2014

The Office of Sheriff


From the Coosa Journal; October 2014; Volume 6-Number 10; Pages 4-7, 16-19

The Office of Sheriff

By: Chaplain Jeff Fuller, B.R.E., M.Div, Ph.D.

Coosa County Sheriff’s Office

 


History of Sheriff 

The office of the Sheriff came into existence around the 9th Century in England, which was divided into counties, as it is today.  It was an appointment by the king for a law enforcement officer to safeguard the county in which they served and carry out the will of the king.  It is interesting to note that the king designated a royal official responsible for keeping the peace (a "reeve") throughout a shire or county or parish on behalf of the king.  As such, the sheriff served as the chief law enforcement officer, known as “sheriff.”  The word comes from the Saxon words “scyre,” or county, and “reve,” or keeper.

The sheriff was the keeper of the county, with a wide variety of powers to preserve peace and carry out the commands of the king.  In relation to being the “keeper of the county,” they were empowered to arrest and commit felons to jail, executed the process of early English courts, return impartial juries for the trial of men’s lives, and command citizens to form a “posse” in order to defend their territory.  With these duties, the sheriff became an individual with great responsibility and held in the highest respect.

The Office of Sheriff grew in importance with increasing responsibilities up to and through the Norman invasion of England in 1066.  Even though the duties of the Sheriff at that time, would ebb and flow with the mood and the needs of the kings and government, most of the duties have remained the same and are evident in the work of the office in the United States today.

In 1215 the Magna Carta, a document of freedom, was reluctantly sighed by King John, which included 63 clauses.  Of those clauses, 27 were related to restrictions and responsibilities of the sheriff.  With the passage of time, there was also a loss of responsibility and power for the sheriff, and by the early 1800’s the office became largely ceremonial, as it is today.

Sheriff in America 

English colonist brought with them the concept of the sheriff, along with other English legal practices when they crossed the Atlantic and formed the New World.  Each territory was subdivided and the law was represented by one individual-the sheriff.  With this grant of power, the sheriff sought to preserve the peace and enforce the law in the spirit of the new age.

There was some dissatisfaction with most other forms of English administration, yet after the Revolution all of the American states provided for the maintenance of the office of sheriff. Through constitutional provisions and charters, the sheriff was vested with the authority to act as an executive of the state within his county. As a result, the sheriff was often the highest governmental official within the sheriff's county.  Sometimes referred to as “The High Sheriff.”

The first sheriff in America is believed to be Captain William Stone who was appointed in 1634 for the Shire of Northhampton in the colony of Virginia.  The first elected sheriff was William Waters in 1652 in the same shire.  It is important to note that shire was used in many colonies, before the word county replaced it.

            In America, compared to England, the Office of Sheriff was much less social, had less judicial influence, and was much more responsive to individuals.  Yet, as the nation expanded westward, the Office of Sheriff continued to become a significant part of law enforcement.  As this happened, the elected sheriff became a part of America’s democratic fabric.

In 1776 both Pennsylvania and New Jersey adopted the Office of Sheriff in their Constitution.  The Ohio Constitution called for the election of the county sheriff in 1802, and then state-by-state, the democratic election of sheriff became not only a tradition, but in most states a constitutional requirement.  Today, in the United States, of the 3,083 sheriff’s represented, approximately 98 percent are elected by the citizens of their counties or parishes.

The early American Sheriff was important to the security of the people, and was granted much power.

There were many sheriffs in the early west and a few did not live up to the standards of the badge they wore.  Some sheriffs were indicted for abuse of power, drunkenness and/or corruption.  The vast majority served with courage and distinction.  One sheriff, Sheriff Henry Plummer, of Bannock, as mining camp in the Montana Territory, served in 1863-1864.  He allegedly headed up a gang of robbers and was hung by his constituents. 

            Other notable figures have held the Office of Sheriff in the history of the United States.  Augustin Washington, George Washington’s father, was sheriff of Westmoreland County, Virginia in 1727.  Then there was Wild Bill Hickock, Pat Garrett, Bat Masterson, Bill Tilghman and others.

The longest serving Sheriff in the United States was Bernard Shackleton in Lunenburg County, Virginia who served from 1904-1955 for a total of 51 years.  In Illinois the longest serving Sheriff in history and current Sheriff of Johnson County is Elry Faulkner, with 36 consecutive years.  Then, Sheriff Duane Wirth of Boone County has served 32 consecutive years and still holds office to this day.  

Sheriff in Alabama 

In Alabama there are 67 counties, each with an elected sheriff, who holds the office for a four year term.  Both male and female are represented in these offices and most have moved through the ranks to become the highest elected law enforcement officer in their county.  There have been some instances where an individual, with law enforcement experience but who has not worked for the office yet lived within the county, has been elected to serve as sheriff (Sheriff Jimmy Abbott in Tallapoosa County is one such example).

These 67 County Sheriffs are elected in partisan races and Democrats retain the majority of those posts. The current split as of December, 2013 is 39 Democrats, 27 Republicans, and 1 Independent (Choctaw). Most of the Democratic sheriffs preside over rural and less populated counties. The majority of Republican sheriffs preside over more urban/suburban and heavily populated counties. Two Alabama counties (Montgomery and Calhoun) with a population of over 100,000 have Democrat sheriffs and five Alabama counties with a population of under 75,000 have Republican sheriffs (Autauga, Coffee, Dale, Coosa, and Blount). The state has one female sheriff (Morgan) and nine African-American sheriffs.

Every Sheriff is Alabama takes the Oath of Office to support the Constitution of the United States.  This oath is a serious matter, one which has a historical significance.  It is written, “The Office of Sheriff is one of the most familiar and most useful to be found in the history of English institutions. With the single exception of kingship, no secular dignity now known to English-speaking people is older.” (W. A. Morris, a Medieval English Sheriff)

The Oath of Office is:

“I, (NAME), solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God.”

As the highest elected law enforcement officer in the state, the Sheriff serves as the arm of the county court.  The sheriff performs court duties as administrator of the county jail, providing courtroom security and prisoner transportation, serving warrants, and serving process.  In some areas of the state the sheriff is restricted to those duties alone, yet is most areas the sheriff and their deputies may serve as the principal police force.

            Continual training and educational opportunities are a constant part of the job.  The Alabama Sheriff’s Association is an executive level professional association of the elected sheriff’s in Alabama.  Through the Association each sheriff is provided with educational, legislative and legal assistance.  Two times a year the conference convenes to take care of business matters, but also to afford the sheriff with these important training privileges.

            The National Sheriff’s Association, meeting once a year, also provides great opportunity for information and training.  It should be noted that an Alabama Sheriff served as president of the National Association in 2013.  Sheriff Larry D. Amerson, of Calhoun County, Alabama was elected to the Executive Committee in 2007 as Sergeant-At-Arms and moved through various positions before serving as president. 

Sheriff in Coosa County

In Coosa County we have had a wide array of individuals who have served a sheriff.  These have been elected by the people of the county to serve, with some being re-elected for multiple terms.

This is one of the distinguishing characteristics of the Office of Sheriff and most likely the most important.  The sheriff’s office is set apart from other law enforcement agencies because it is directly accountable to the citizens who elected him or her to the office.  As such, the Office of Sheriff is not a department of county government, but it is an independent office through which the Sheriff exercises the powers of the public trust.  No individual or small group hires or fires the Sheriff, or has authority to interfere with the operations of the office.  Elected sheriffs are accountable directly to the constitution of their state, the United States Constitution, statutes, and the citizens of their county.  The sheriff should naturally do his best to work with all entities because it is important in a democratic society.  The sheriff must work with all segments of government to serve and protect the citizens of the county.

This is why it is so vitally important we preserve the Office of Sheriff.  Outside of a few elected town marshals, the Sheriff is the only head of a law enforcement agency in this nation that is accountable directly to the people of his or her jurisdiction.

The Sheriff and all those in law enforcement should never forget that he or she has a calling to be “a minister of God for good.” (Romans 13:4)

We of Coosa County, the citizens who elect and hold the sheriff accountable, have been protected and served by a man who stands for integrity and honesty.  Our Sheriff, who completes his second term this year, is Sheriff Terry Wilson.

Terry Wilson honorably serves as the Sheriff of Coosa County.  He is currently serving his second term of office.  Sheriff Wilson was born and raised in the Stewartville Community of Coosa County and the city of Sylacauga, Alabama.  He attended Stewartville Elementary through his 8th grade and then completed high school at B.B. Comer Memorial High School in Sylacauga. 

After graduation, Sheriff Wilson enlisted into the United States Air Force to serve his country.  While in the Air Force his duties included air base level administration, wing level command posts controller duties, Major Command Headquarters Command Center Operations, and Airborne Command and Control and Communications Superintendent duty.  During his tours of duty throughout his career he performed highlighted duties at all levels of assignments of national security.  Most notable was his extraordinary service as a Superintendent, the top enlisted airman, onboard the National Emergency Airborne Command Post, the military’s backup aircraft to the President’s Air Force One.  During his career with the Air Force he attended numerous college courses accumulating two years of college with the Community College of the Air Force.

After serving our country with 22 years in the United States Air Force he retired and came back home to Coosa County.  Wanting to begin another service orientated career he pursued the law enforcement field and was hired as a Deputy Sheriff for Coosa County Sheriff’s Office.  As a Deputy, he has performed many duties in law enforcement which includes patrol, investigations, narcotics, jail administration, supervisor duties and management. 

After serving for almost 10 years as a Deputy Sheriff, he decided to run for the Office of Sheriff and the citizens of Coosa County entrusted him to become their Sheriff in November of 2006. 

Sheriff Terry Wilson is married to his wife Randy and he has one daughter and three grandchildren.  He resides in Rockford where he is a member of the Rockford Baptist Church and is a member of the Rockford Masonic Lodge.        

Sheriff Wilson is serious about the job he does.  He works tirelessly to serve and protect the citizens of this county.  He is constantly a man in motion, doing all possible to fulfil the duties of the office, as he administers a 26 member team of people who assist him daily.  His office door is a times a “revolving door” with people coming and going.  He has a good reputation among the other law enforcement entities of the state, is faithful in offering a helping hand to other agencies and counties, and is faithful to the people of Coosa County.

There are a number of advancements the Coosa County Sheriff’s Office have been achieved in the last eight years because of the tireless leadership of Sheriff Wilson and the Office of Sheriff.  Cold Case files have been solved and some have been diligently worked on leading to potential closure in the future; new equipment and advancements in technology have made great strides; more involvement in community awareness and participation; and most importantly a better service to the county.

The Office of Sheriff is vital to our county and under the leadership of Sheriff Terry Wilson, it is one of respect and admiration. 

Conclusion

In all, not much has changed through the years in the Office of Sheriff.  The sheriff still retains ancient duties to preserve the peace and execute the law through the exercise of power as an officer of the sovereign government. The office of sheriff is still the chief law enforcement office of the county.  Most importantly, the office of sheriff has not lost the dignity it has enjoyed since its inception as a sheriff today continues to hold the respect and admiration of the citizens they protect.

 


Research for this article comes from:




Sheriff Roger Scott; Dekalb County, Illinois; Sheriff Magazine; President’s Issue/Conference Issue 2011 

 

Side Bar’s for Article

Sheriff in the United States

· The relationship between the sheriff and other police departments varies widely from state to state, and in some states from county/parish to county/parish.

· In the northeastern United States, the sheriff's duties have been greatly reduced with the advent of state-level law enforcement agencies, especially the state police and local agencies such as the county police.

· In Vermont the elected sheriff is primarily an officer of the County Court, whose duties include running the county jail and serving papers in lawsuits and foreclosures.  Law enforcement patrol is performed as well, in support of State Police and in the absence of a municipal police agency in rural towns.

· In Delaware, the sheriff's duties are limited to serving civil process and conducting foreclosure auctions.

· Some municipalities merged the sheriff's office with most or all city-level police departments within a county/parish to form a consolidated city-county/parish or metropolitan police force responsible for general law enforcement anywhere in the county. The sheriff in such cases serves simultaneously as sheriff and chief of the consolidated police department. Examples include the Jacksonville Sheriff's Office in Florida, Las Vegas Metropolitan Police Department and the Miami-Dade Police Department. Sheriff offices may coexist with other county/parish level law enforcement agencies such as county/parish police, county/parish park police, or county/parish detectives.

· In Virginia since 1871, cities have been completely independent jurisdictions which are not part of any county at all. In those cities, the sheriff handles jails, courtroom security and serves all civil process — subpoenas, evictions, etc. However, in some counties that have created separate county police departments, the sheriff's office shares law enforcement duties.

· The New York City Sheriff is appointed by the mayor. His jurisdiction is all five county-boroughs of New York City — Kings, Queens, Richmond, Bronx and New York counties.

· The sheriffs of Middlesex County and Suffolk County, Massachusetts have ceremonial duties at Harvard University commencement exercises. In a tradition dating to the 17th century, the Sheriffs lead the President's Procession, and the Sheriff of Middlesex County formally opens and adjourns the proceedings.

· There are also states in the United States that do not have sheriffs, such as Connecticut. In Connecticut, where county government has been abolished, the state and local police have sole responsibility for law enforcement.

· Missouri has a county that eliminated the position of elected sheriff in 1955; the St. Louis County Police Department has an appointed police chief that performs the duties of the sheriff.

· Colorado has two counties that have appointed sheriffs rather than elected officials like the other 62 counties. Denver and Broomfield are city-and-county entities, which are required to have and/or perform a sheriff function. Denver's "sheriff" is the manager of safety, who is appointed by the mayor to oversee the fire, police and sheriff departments and is the ex officio sheriff. The position was created in 1916 to oversee the fire and police chiefs as well as the undersheriff who oversees the sheriff department. The Denver Sheriff Department is responsible for the operation of the correctional facilities as well as serving the courts per state law. Broomfield evolved from four counties in 2001. The Broomfield Police Department performs all "sheriff" functions under an appointed police chief, who acts as the sheriff per state law.

 

Sheriffs exist in various countries: 

· Sheriffs are administrative legal officials similar to bailiffs in the Republic of Ireland, Australia, and Canada (with expanded duties in certain provinces).

· Sheriffs are judges in Scotland.

· Sheriff is a ceremonial position in England, Wales and India.

· In the United States of America, the scope of a sheriff varies across states and counties/parishes. The sheriff is most often a county or parish official, and serves as the arm of the county or parish court; but some cities, such as those in the Commonwealth of Virginia, also have a sheriff's office that serves as the arm of the city court and jail. The sheriff performs court duties. These may include such functions as administering the county or parish or city jail, providing courtroom security and prisoner transportation, serving warrants and serving process. In urban areas, a sheriff may be restricted to those duties. Many other sheriffs and their deputies may serve as the principal police force.
 




 

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