‘Don’t Elect Me:’ Why States Should Abolish County Sheriffs’ Offices

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sheriffs car

Photo by Raymond Wambsgans via Flickr

The office of sheriff is “anachronistic,” unaccountable to the public, and should be replaced with a more professional county police department, says a new study.

“There still must be a county law enforcement agency to serve unincorporated municipalities where they exist,” argues the study, published in the March 2018 edition of the Virginia Law Review.

“However, the twentieth century was a story of policing becoming more professionalized, and counties have increasingly found that a professional, dedicated county police department is a better organization to handle law enforcement than a jack-of-all-trades sheriff.”

The study, written by James Tomberlin of the University of Virginia School of Law, said local sheriff’s elections provide minimal accountability since so many incumbents run unopposed.

Quoting former Los Angeles County Sheriff Lee Baca’s response to a question from a citizens’ commission about how he could be held accountable for misconduct— “Don’t elect me”—the author noted that since at least 1932, no incumbent has ever been unseated in Los Angeles County, which hosts the largest sheriff’s department in the United States.

The office of sheriff dates back to the 9th century in England. Even as the power of the office declined after the 13th century, it was given new life in colonial America—and eventually became part of the myth of the West, where upright sheriffs helped tame a lawless frontier.

Today, there are a little over 3,000 sheriffs around the U.S., and their departments employ 352,000 personnel.

While elections nominally make sheriffs accountable to the public for their actions, in practice, voter turnout in local sheriffs’ elections is low, the study said, noting that in rural counties, most qualified replacements for the sheriff would be one of the sheriff’s immediate subordinates, making him or her less likely to want to run against their boss.

Adding to the challenge of public accountability, policing often involves “one-off” discretionary decision-making, which is harder to observe and review than public policy decisions made by politicians.

Municipalities or county governments are currently helpless to affect the conduct of their sheriff’s offices, wrote the author.

Joe Arpaio

Former Sheriff Joe Arpaio. Caricature by DonkeyHotel via flickr

The study cited the conflict in 2008 between the small Arizona town of Guadalupe and former Maricopa County Sheriff Joe Arpaio who became notorious for his sweeps of local residents suspected of being undocumented immigrants.

Arpaio responded to the mayor’s complaints by saying, “If you don’t like the way we operate, you get your own police department.” But when the mayor said she would consider doing that, Arpaio “raised the stakes two weeks later, stating that he intended to cancel the town’s contract. “

The author contrasted that with Connecticut’s decision to abolish the officer of sheriff following a political battle. He quoted a comment by then-State Rep. Michael P.Lawlor, who said it’s “not a good idea to run a professional agency on a political basis. “

The study advocates merging county and city policing agencies into one department.

The full study can be downloaded here.

This study was prepared by TCR news intern John Ramsey. Readers’ comments are welcome.

4 thoughts on “‘Don’t Elect Me:’ Why States Should Abolish County Sheriffs’ Offices

  1. I think it’s rather generous to call this a study. It presents a lot of useful and interesting information, but in the end, it’s pretty clearly more advocacy than science. A few cherry-picked examples don’t address the key question of whether sheriff offices are more or less effective than police departments across the whole range of services that LE agencies provide.

  2. Like my home state of Massachusetts, Connecticut does not have any unincorporated areas and has abolished county government. (Most but not all of Massachusetts counties abolished it.) Sheriffs are just jail wardens in New England (except for Maine). That said, since no one pays attention to the elections, they should be appointed by the governor or made a civil service position.

  3. Stupidest thing I’ve ever read…..yeah the sheriff should be impeachable (johnson county IL proved that when they appointed our current sheriff after the last one was under FBI investigation) but getting rid of them? NO! Having a elected law enforcement can also be a good thing, as has also been proven by our current sheriff who, along with other sheriffs in Illinois and other states in this country right now are standing up to Governors and other elected politicians who are trying to use them to enforce unconstitutional [COVID 19] laws and regulations…. we have internal affairs divisions that are supposed to keep cops straight. What we need in the sheriff’s department is an internal affairs division or an impeachment process. [This post has been edited and condensed]

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