Lee County Constable? Party leaders call for elimination of position

BRITTANY WHITLEY
STAFF WRITER
Published: June 2, 2008

There is one office on the ballot today that voters may not see next election - the race for constable.

The position draws its origins from a time when it was hard to move about the county and extra law enforcement was needed to perform small tasks. The constable was the solution. Citizens were elected by the public into these law enforcement positions.

“In a day when you had horse and buggies and dirt roads and no telephone there would be local legal systems that would take care of minor crimes,” local Republican party chairman Rodney Herring said.

The constables derived their power from the Justice of the Peace, which was eliminated around 30 years ago, Herring said.

Now, only the constables remain.

Herring, Lee County Sheriff Jay Jones and Democratic Party Chairman Patsy Parker all three said the office of constable needs to be eliminated.

“I feel like the office has out lived its purpose in the overall scheme of things,” Jones said.

Around two-thirds of the counties in Alabama have eliminated the positions entirely, Jones and Herring said.

“I don’t think it’s relevant,” Parker said referring to the office.

Constables are not paid and have no real responsibility to speak of, Jones said.

“A lot of people have sought the office just to hold the office,” Jones said.

Also, they have no formal training.

Jones said he is an “advocate of professional law enforcement” training.

Another problem with the position is that elected constables sometimes try to take matters of the law into their own hands.

“It’s like Barney Fife out there in the county or something,” Herring said.

A previous constable put blue lights and magnetic signs on his vehicle and attempted to pull people over for speeding, Jones said.

“The citizens wouldn’t stop,” Jones said.

Both major parties have advocated getting rid of the position, Jones said, but the position remains despite efforts to eliminate it.

This election year, the Republican Party raised its qualification fee from $100 to $1,000, Herring said.

But when Herring and other Republicans found out that the Democratic qualification fee was $25, they lowered it back to $100.

Probate Judge Bill English and Jones requested that both parties raise their fees in order to discourage people from qualifying, Herring said.

“We thought and understood the Democrats did the same thing,” Herring said. “It (the position) would just kind of kill itself.”

Local Democratic Chairman Patsy Parker said they have to talk to their executive board before changing their fees, but like Herring, she believes the position is out-dated.

“We felt that the sheriff’s department was capable of giving the county those services,” she said. “I don’t know what purpose it is serving now.”

“Rod and I agree on a lot,” she said. But there are still rules and regulations that her party has to follow concerning fees.

The position has not been eliminated in the past because of the County Commission has not reached an unanimous agreement on the matter.

In 2004, the issue came before the Lee County Commission, Jones said, but it did not get to the Lee County Delegation (the nine lawmakers who serve the county). For legislation to be presented to the delegation, who in turn present legislation to the State Legislature, the commission has to have a unanimous vote on the subject.

In 2004, they did not have a unanimous vote.

David George, constable for beat six, ran and was elected in 2004.

“The only reason I ran last time ... I went to the commission and asked them to eliminate the position,” he said.

The only duties a constable has are those prescribed by a judge or the local sheriff, George said. There is no salary for the position. George said constables do not arrest people, but they carry firearms.

When asked what specific duties he has asked of the constables, Sheriff Jones was amused.

“I do not make requests of the constables,” he said.

“Some of these folks are very well intentioned ... (They are) supporters of law and order,” Jones said.

On today’s Republican primary ballot, there are two candidates vying for the spot in the November general election: George and Anthony D. Wright.

George, 63, of Auburn, is a director of parking and transit; teaches gun safety class with Lee County Sheriffs Office.

Wright, 33, of Auburn, is employed by the City of Opelika; owns Wright Financial and Cash Express Penny Loan.

Polls will be open 7 a.m. to 7 p.m.