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OUR VIEW Our View: County sheriffs' powers not unlimited MailTribune.com Writer Posted Jun. 10, 2016 @ 12:01 am Posted Jun. 10, 2016 @ 12:01 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Two recent news stories, one involving the sheriff of a neighboring county and the other a former sheriff, are examples of a disturbing trend among elected county law enforcement officials in the West: The notion that the sheriff is a law unto himself and has the authority to decide what the law is and when it can be ignored. Former Josephine County Sheriff Gil Gilbertson walked into the County Clerk's Office in Grants Pass in April and asked that his "oath of office" be recorded. Gilbertson, who was defeated for re-election in 2014, holds no office, but claimed he is a "marshal" of the "Continental United States of America," a "warrior protector" with "jurisdiction of all matters of all states" where oppression and other wrongs are being perpetrated. Perpetrated by whom was not clear, but Gilbertson was well known while in office as a member of the Constitutional Sheriff's and Peace Officers Association, a group that holds to the mistaken belief that county sheriffs are the highest legal authority in the country, with the power to overrule federal laws and government actions they decide are unconstitutional. Gilbertson and other sheriffs at the time of the Sandy Hook Elementary School massacre in 2013 vowed to disobey any gun control measures enacted by the Obama administration that they believed violated the Second Amendment. Occupiers of the Malheur National Wildlife Refuge in Harney County were on their way to meet with Grant County Sheriff Glenn E. Palmer, another CSPOA member, when they were arrested at a highway roadblock earlier this year. Former Jackson County Sheriff Mike Winters — similarly prone to thumbing his nose at laws with which he disagreed — was also a member of the group. Another member is Siskiyou County Sheriff Jon Lopey, who made news this week when his department reportedly stopped county residents of Hmong descent at a roadblock and asked them if they were registered to vote, then went to their homes to tell them they could not vote in Tuesday's California primary. The Redding Record-Searchlight reported Tuesday that the California Attorney General's Office had stepped in, along with the Secretary of State's office, to monitor polling places and make sure all eligible voters were able to participate. Lopey's office did not respond to requests for a detailed explanation of the actions, and the exact motivation behind them is unclear. But a county sheriff reportedly using state election laws as a political weapon — or refusing to enforce laws he deems unconstitutional — is a threat to the rule of law itself. Sheriffs are elected to be enforce the law in the unincorporated areas of their counties, and to operate the county jail. They do not have the power to pick and choose which laws they will follow, or to rule on the constitutionality of any statute. Sheriffs who want to oppose federal actions or advocate the repeal of federal law have that right, of course — as does any private citizen. Their badge gives them no more power in that regard than anyone else MailTribune.com Writer Posted Jun. 10, 2016 @ 12:01 am » Comment or view comments Terms of Service /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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