As expected, Sussex County Sheriff Jeff Christopher has let a deadline for filing an appeal to the Federal Courts pass without actions, which means his fight for more law enforcement power as Sheriff is over.
Last month, the Delaware Supreme Court ruled to uphold a Delaware Superior Court ruling that Delaware sheriffs do not have full constitutional authority to exercise all powers necessary to conserve the peace, including the power of arrest. And that could be the final word on the issue, as the deadline to appeal to the U.S. Supreme Court has passed.
The ruling came after Sussex County Sheriff Jeff Christopher had initially filed a complaint with the Delaware Superior Court, seeking a declaratory judgment regarding the powers of the sheriff in Delaware.
Christopher argued that House Bill 325 — designed to clarify the powers of county sheriffs — was unconstitutional, and that the phrase “sheriff shall be the conservator of the peace” denotes a constitutional right, and that arrest power is a “core tool.”
The case was appealed to the Delaware Supreme Court following the Superior Court ruling that Delaware sheriffs do not have full constitutional authority to exercise all powers necessary to conserve the peace, such as the power of arrest and the power to enforce motor vehicle laws.
Christopher and his attorneys had 30 days from the Oct. 7 filing of the Delaware Supreme Court to file an appeal to the U.S. Supreme Court. He did not do so prior to that deadline.
Now this is rich and emblematic of the whole problem with the idiot teabaggers:
Even though Christopher can no longer appeal to the federal Supreme Court, he said he and his legal team are considering other options.
“No decision has been made,” he explained. “We met initially to discuss what we were going to do. But no decisions were made as to what type of appeal we might do or if we’ll seek another route.”
Christopher said that a decision would mostly likely not be reached until the new year, but he is planning on continuing to pursue legal action.
Jeff, the issue of your powers as Sheriff under the Delaware Constitution has been settled for all time. If you file another suit, it will be dismissed by the Court upon the first Motion made by the State to do so. Federal judicial review of the Delaware courts’ holdings is now precluded for all time because you failed to file an appeal. You are out of options in the courts. It is over.
If you still want more power, then you must convince the legislature and the Governor to amend the Constitution of the State of Delaware.
That is your only other option.