Apologies for the dirth of content, but I expect I’ll be getting back to more semi-regular posting soon. Expect to see lots of proposed legislation being rolled out on here, beginning with this, an overhaul of how sheriffs operate.
This bill amends laws on sheriff’s appointment powers of special deputy sheriffs to clear up confusing and contradictory language, to affirm the sheriff’s authority to make such emergency appointments with haste, and without immediate reporting requirements, and to make the position voluntary and unpaid when appointed for keeping the peace. Thereby, it clears up potential confusion and gaming of the system where existing law could allow sheriff’s to appoint permanent special deputies requiring county funds be expended beyond those approved by the county delegation, while continuing to allow for appointment of special deputies for service-of-process-only to be paid.
Therefore, this bill keeps and expands the authority of sheriffs to deputize and keep the peace as appropriate, and as circumstances may dictate. The power of the purse, meanwhile, remains with the delegation, as appropriate.
Further, sheriffs will be required to be present and observe all federal police actions within their counties, thereby providing a measure of protection from federal abuses, and local accountability for federal actions – this measure would bring NH into broad historical precedent that federal agencies should not be operating unknown to local authorities.
This bill, ultimately, seeks to stop and prevent further abuses of law by federal agents within the state.
While all the details and language may not be applicable outside of NH this should provide a template for other states as well.
This may be known as the “Constitutional Democratic Sheriffs Act”
Section 104:3
104:3 Deputies; Appointment. – A sheriff may appoint so many deputies as he thinks proper, by deputation in writing, under his hand and seal, and not otherwise, who shall be sworn to the faithful discharge of their duties. The deputation and certificate of oath thereon shall be recorded at length by the clerk of the superior court in a book kept for that purpose, and no deputy shall act as such until the record is made. In case of any circumstance dictating necessity, a sheriff may appoint as many special deputy sheriffs as he may think expedient, giving to each such badge of office as he shall designate, and to which the aforementioned requirement that oaths shall be recorded by the clerk of the superior court before acting shall not apply. Special deputy sheriffs appointed under this section shall be voluntary and uncompensated.
Section 104:3-e
104:3-e Appointment of Deputy Sheriffs. – In any county in which the county convention establishes the office of deputy sheriff the sheriff may appoint such number of deputy sheriffs, including a chief deputy sheriff, within the limits of the funds that may be appropriated for this purpose. In addition, he a sheriff may appoint such special deputy sheriffs as he shall from time to time require for the service and return of process. Such special deputy sheriffs appointed under this section shall receive as compensation for their services the fees as provided in RSA 104:31.
Section 104:28
104:28 Liability for Deputy's Conduct. – The sheriff is liable for the official conduct of his deputies respectively. If a deputy is discharged, the sheriff's liability shall continue until the discharge and certificate of service thereof are recorded. The sheriff’s liability for the official conduct of special deputies appointed under section 104:3 shall extend only to that conduct undertaken under the direction, order, or supervision of the sheriff or sheriff’s deputies.
104:5 Duties. –
I. The sheriff and the sheriff's deputies shall serve and execute all writs and other precepts directed to the sheriff's department and issued from lawful authority.
II. The sheriff and the sheriff's deputies and bailiffs shall perform the duties of crier of the court.
III. The sheriff's bailiffs shall provide adequate security in all state courts, except the supreme court.
IV. The sheriff's bailiffs shall comply with such background investigation checks, physical and mental standards, and training appropriate to their duties as the police standards and training council may require. The council shall consult with the New Hampshire Sheriffs Association and the administrative office of the courts prior to adopting these standards.
V. The sheriff and sheriff’s deputies shall have a presence at and observe, but not participate in, all federal law enforcement actions within their county. The sheriff shall be present for and observe, but not participate in, the service of all federal warrants and arrests within his county. The sheriff shall require of all federal law enforcement agencies advance notice of any action to be taken within his county. The sheriff may consider any federal law enforcement action in his county for which prior notice was not provided to be unauthorized, and subject to termination by himself or his deputies.
Great Idea, thank you for doing what your doing.
Are you familiar with CSOPA with Sherriff Mack? If so I would like your take on his organization.
I'm sorry I gave you the wrong name, this is a link to his web page. I believe you would be interested in this organization.
https://www.adl.org/resources/report/constitutional-sheriffs-and-peace-officers-association-cspoa-and-richard-mack-how