Charles B. Stewart
39275 Hood St., # D
Sandy Oregon 97055
Dear Mr Stewart;
I have read and studied your letters to me and copies of those to the commissioners. It is clear to me that you have beliefs and interpretations of law with which I do not agree. You do make some very interesting points and ask some specific questions. I will try to respond effectively to each. I'm not going to try to debate the law with you believing that it would be counterproductive. I'll begin with the questions posted in your letter of January 21st.
Virtually all societies have moves a long ways from the ancient forms of law and law enforcement that you describe under item (2) of your letter. I do not recognize the existence of "constables" as you describe, or the "posse comitatus".
In item three (3) of your letter you discuss emergencies. This County now functions for emergencies under ordinance No. 17-98, a copy of which I am enclosing. At this time no emergencies are declared under the ordinance. Only occasionally have emergencies been declared, of short duration, in response to real or potential disasters, usually natural. The powers granted under section seven (7 ) have been used sparingly and have included subsections C, D, F, and H.
Court House security has be necessitated by real and growing potential of threats to human safety. The purpose of security measures is to facilitate, not limit, the legitimate business of people entering the Court House. The measures are not taken under the "Emergency Ordinance", but at the request and direction of Courts.
Your letter of January 30, 2000 asks ten questions of me.
1. If anyone commits a specific felony under Oregon Revised Statute my office will seek to arrest them. This office will not respond to actions of "courts" not specifically authorized by the State. Again I do not recognize any authority specific to "constables" acting beyond the rights of every other citizen. Any "constable" attempting to take inappropriate action under Oregon law will face potential civil and/or criminal liability.
2. This office will not respond to assist any illegal arrest.
3. This office will respond to protect the rights of any person being illegally detained.
4. This office will not hold in Jail any person subjecterson being illegally detained.
4. This office will not hold in Jail any person subject to an illegal arrest.
5. This office will hold in Jail only those persons awaiting trial or sentenced by Oregon State Courts.
6. No unauthorized persons will be admitted to the secure areas of the Jail.
8. 340 (excludes Oregon Intake inmates)
In summary, this office will not participate il not participate in any manifestation of an effort to depart from our current form of law unless that effort takes place in the appropriate venues including the Oregon Legislature and state court system.
remain willing to meet with you and a small group after the first of March
if there are specific issues to be discussed. I am not willing to meet
simply to debate the views already presented.
RIS BRADSHAW, SHERIFF