A Sussex County Superior Court Judge has struck down the county sheriff’s lawsuit against the state, which argued for the power to arrest criminal suspects.
The opinion from Judge Henley Graves says that Sheriff Jeffrey Christopher’s argument is flawed.
While the state constitution labels Christopher as a “conservator of the peace”, Graves says he doesn’t believe the framers’ created a right to engage in law enforcement activities for that office.
The sheriff relied on case law from other states that recognize similar departments as law enforcement entities.
State legislation passed in 2012 denied that recognition to sheriffs.
"Delaware’s constitution recognizes the office of sheriff but does not enumerate any specific power or authority held by the office. The Court concludes that the common law authority and responsibilities of the Sheriff are subject to modification and restriction by the legislature. The 2012 legislation extinguishing the Sheriff’s law enforcement powers is valid," wrote Judge Graves in his opinion.
Deputy Attorney General Edward Black, who argued the case for the State, said that “the Department of Justice is pleased with the Court’s ruling.”
In a statement, Sussex County Council President Michael Vincent says that the council is pleased with the ruling. He goes on to say that while this may not signal the end of the argument, the County is hopeful it will lay the groundwork in settling this long-running saga once and for all.
After the hearing earlier this month, Christopher told WDDE he would appeal to the Delaware Supreme Court if his suit was rejected.