Duty of the County Sheriff

      The Sheriff is to support and defend the Law of the Land a/k/a the Constitution and the Laws of Nature’s God a/k/a Common Law. We are a nation governed by the common laws of God which makes our Law superior and more ‘Just’ than any other nation’s law. Therefore, the Oath of the County Sheriff is a Sacred Oath which, when violated, is a direct assault upon God whose judgement will not rest forever. Thomas Jefferson professed America’s covenant between God and We the People when he penned the following:

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

Sheriff and The Court

      The court of Law belongs to the sovereign people. The United States Supreme Court defines the Court as: “An agency of the sovereign [the People] created by it [the People] directly or indirectly under its [the People’s] authority, consisting of one or more officers, [magistrate, sheriff, coroner and prosecutor] established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority.”

      State and County Courts are Courts of Record, which are common law courts when open for justice, not statutory courts that apply only to statutory creations such as corporations, municipalities, elected, appointed and government employees. Each having their own jurisdiction and authorities, none of which has any authority or jurisdiction over the People, who are free from all legislative law, answering only to the Laws of Nature’s God. In some cases, city courts are Courts of Record. For instance, New York City Courts are Courts of Record, but all other city courts in New York State are Not Courts of Record. To find out what courts are Courts of Record, look in your State Constitution which will list these courts. All other courts are called nisi prius courts, also called administrative courts. These courts are not Courts of Record. Unless your State Constitution says differently all city, town and village courts are not Courts of Record.

      Bouvier’s Law defines nisi prius courts – “Where courts bearing this name exist in the United States, they are instituted by statutory provision (not Constitutional).” Nisi prius is a Latin term Black’s Law states: “Prius means first. Nisi means unless. A nisi prius procedure is a procedure to which a party FIRST agrees UNLESS he objects. A rule of procedure in courts is that if a party fails to object to something, then it means he agrees to it. A nisi procedure is a procedure to which a person has failed to object A “nisi prius court” is a court which will proceed unless a party objects. The agreement to proceed is obtained from the parties first.”

      The United States Supreme Court said – “Courts of Record and Courts Not of Record; the former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.” The question that begs to be asked is; why are our jails filled with People prosecuted in these civil law courts? The answer is simply because the Sheriff does not know the law, otherwise (s)he would not process these people into the county jail. Before a person can be incarcerated they need to first be indicted and then tried in a ‘Court of Record’ by an untainted jury of their peers.

      The Sheriff has a duty to provide Law Enforcement officers, often called bailiffs, which means guardian or steward, who are a Sheriff’s Deputy in all courts of record. Like the Sheriff, the Deputies, are to have a “proper education.” It is the duty of the Sheriff to make sure that his Deputies have a “proper education.” This book will provide that proper education and/or they can take the government by consent course at www.NationalLibertyAlliance.org.

      The Bailiff is not in the Courtroom as a private body guard for the judge, (s)he is there to protect the People and the judge who is also one of the People. He is there to keep the peace by making sure the Law of the Land is being adhered to and that unalienable rights are not being violated.

      If the Sheriff perceives that the judge, or any other elected or appointed official for that matter, is breaking the law, the best way to proceed is to get an indictment before making an arrest. Don’t trust the gatekeeper (prosecutor), because he is likely to help the judge. Judges and prosecutors are both elected, both political, both BAR members, both lawyers and have a close working relationship and therefore, are likely to share a comradery. Go see the Grand Jury directly and secure an indictment.

      COURT DUTIES – Sheriffs are responsible for maintaining the safety and security of the court. A Bailiff is required to attend all court sessions, to take charge of juries whenever they are outside the courtroom, to serve court papers, to extradite prisoners, and to perform other court-related functions.

Sheriff and Warrants

Amendment IV – “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

According to Black’s Law Dictionary, the word oath, in its broadest sense, includes “all forms of attestation by which a party signifies that (s)he is bound in conscience by “a solemn and formal declaration or asseveration that an affidavit is true.

      No warrant, including a federal warrant is to be served without going through the Sheriff’s office. Any warrant without a sworn affidavit and a judge’s wet ink signature (not a stamp) is not an executable warrant. It is the Sheriff’s duty to make sure that all warrants, federal or state, served within their county pass constitutional scrutiny; IRS warrants rarely pass constitutional scrutiny. For example, the IRS has a form 4490 called Proof of Claim for Internal Revenue Taxes, which is an affidavit form that must be filled out and sworn to, without which the warrant with the wet ink signature is not executable.

Sheriff and The County Jail

      Sheriffs’ offices maintain and operate county jails or other detention centers, community corrections facilities such as work-release, and halfway houses. Sheriffs are responsible for supervising inmates, protecting their rights and providing food, clothing, exercise, recreation and medical services.

      Before the Sheriff is to accept any prisoner, he is to make sure that due process has been exercised. If a court sends a prisoner sentenced to be incarcerated and there was no indictment and petit jury (trial by 12 jurists) before the sentencing, the prisoner is now a victim who was not given due process. The Sheriff cannot accept that prisoner. Unfortunately, because of ignorance, County Jails are filled with such prisoners. Black’s Law defines an “infamous crime” as a crime punishable by imprisonment.

Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.”

Amendment VI – “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury

      The Sheriff cannot accept any prisoners that were tried in Courts “Not of Record” because they are nisi prius courts and do not have the power to fine or incarcerate, they do not provide due process of law.

Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.”