Chapter 4
Footnotes from The Forgotten Realm.
1
County council is a fiscal body that exists in 89 of Indiana’s 92 counties to approve the finances for the legislative body. “Unravelling local government: County commissioners vs. county council,” IndyStar, April 22, 2016.
2
Thanks to Susan Huhn for this contribution.
3
Encyclopedia Britannica Online, s.v. “Shire.”
4
Encyclopedia Britannica Online, s.v. “county (division of government).”
5
Virginia Humanities. Virginia Counties 1634–1640. Encyclopedia Virginia, 2020.
Virginia Counties 1634–1640 Website
6
“Counties Matter: Stronger Counties Stronger America,” National Association of Counties (NACo), February 2019, 2.
7
“States with the Most Counties 2024,” World Population Review. Justices of the peace are part of the judicial system that predates the Constitution. They can serve as judges in the municipal court system that we learned about in the previous chapter.
8
World Population Review. "States with the Most Counties 2024.".
9
We often neglect the “or to the people” part of the Tenth Amendment.
10
“Counties Matter,” NACo, 2.
11
“County Elected and Appointed Officials,” Municipal Research and Services Center of Washington (MRSC).
12
Clarence B. Carson, Basic American Government (Wadley, AL: American Textbook Committee, 1993), 312–313.
13
Municipal Research and Services Center of Washington (MRSC). "County Elected and Appointed Officials." Last modified December 12, 2022.
14
Wex Legal Dictionary and Encyclopedia, s.v. “quasi-corporation,” Legal Information Institute, Cornell Law School.
15
“Federal Policies Matter to County Government,” National Association of Counties (NACo), posted September 22, 2015, YouTube video, 5:57.
16
A beautiful animated map of the nation’s counties is here—see if you can locate your county. Carmen Ang, “Animated Map: The History of U.S. Counties,” Visual Capitalist, published July 31, 2020.
17
Except for independent cities, which are not considered part of the county.
18
Nick Ragone, The Everything American Government Book, 247.
19
Though Alaska does not have sheriffs—it has state troopers.
20
McCurley, John. "Police Jurisdiction: Where Can Officers Make Arrests?" Lawyers.com. Last updated November 3, 2020.
21
James J. Duane, You Have the Right to Remain Innocent: What Police Officers Tell Their Children about the Fifth Amendment (New York: Little A, 2016) and Sam Kamin and Zachary Shiffler, “Obvious But Not Clear: The Right to Refuse to Cooperate with the Police during a Terry Stop,” American University Law Review 69, no. 3 (2020).
22
“Substantial Changes to Counties and County Equivalent Entities: 1970–Present,” U.S. Census Bureau.
23
Sandra M. Stevenson, Understanding Local Government, 2nd ed, The Understanding Series (Newark, NJ: LexisNexis, 2009), 3.
24
“Governor Lamont Announces U.S. Census Bureau Approves Proposal for Connecticut’s Planning Regions To Become County Equivalents,” The Office of Governor Ned Lamont, CT.gov, June 6, 202.
25
Global Site Plans—The Grid, “Connecticut Since the Abolition of County Government in 1959,” Smart Cities Dive.
26
“Louisiana was officially Roman Catholic under both France and Spain’s rule. The boundaries dividing the territories generally coincided with church parishes. In 1807, the territorial legislature officially adopted the ecclesiastical term. Through each change in her history, Louisiana never deviated and the primary civil divisions have been officially known as parishes ever since.” “Why Is Louisiana the Only State to Have Parishes and Not Counties?” Vermilion Parish Tourist Commission.
27
“The State of Alaska’s Constitution, Article X, Section 2, provides that two forms of local government, cities and organized boroughs, form the basic structure of Alaska’s Municipal Government. Both cities and boroughs are municipal corporations and political subdivisions of the State of Alaska. Alaska’s Constitution also requires that the entire state be divided into organized or unorganized boroughs, based on standards such as natural geographic boundaries, economic viability, and common interests. For the most part, organized boroughs were formed in those areas where economies were better developed. The large portion of the state that has not incorporated as an organized borough is designated the unorganized borough.” The Great State of Alaska—Department of Commerce, Community, and Economic Development, Introduction to “Municipal Government Structure in Alaska,” revised October 2, 2018.
28
“New Jersey,” U.S. Census Bureau.
29
“Pennsylvania,” U.S. Census Bureau. See also Irina Zhorov, “Explainer: Cities, boroughs, and townships, oh my! Pa. municipalities clarified,” WHYY, April 4, 2016.
30
“Connecticut,” U.S. Census Bureau.
31
Virginia Law, “Code of Virginia, Article 2: Consolidation of Certain Counties, Cities and Towns, § 15.2–3534: Optional provisions of consolidation agreement,” Legislative Information System.
32
“Arlington County does not have a county seat, while Harrison County, Mississippi, has two: Gulfport and Biloxi.” “County,” National Geographic.
33
Ballotpedia, s.v. “Home Rule.”
34
Adrian, Charles R. State and Local Governments. 2nd ed., New York: McGraw-Hill, 1967, 128.
35
“Counties Matter,” NACo. For a graphic of which counties operate under home rule see “2017 County Authority,” NACo found on the links page at CivilRealm.com.
2017 County Authority. Website
36
Frank J. Coppa, County Government: A Guide to Efficient and Accountable Government (Westport, CT: Praeger Publishers, 2000), 8.
37
Coppa, County Government, 8
38
“Home Rule Charter, Article 3 The Executive Branch,” Clark County Council, Clark County, Washington,.
39
Ragone, The Everything American Government Book, 248.
40
Elected members of governing bodies in Louisiana are called parish police jurors. “What is a Police Jury and its duties?” Assumption Parish Police Jury Louisiana. Until 2020, New Jersey’s county elected members were called chosen freeholders. Now they are called county commissioners. “Governor Murphy Signs Legislation to Eliminate the Title of ‘Freeholder’ from Public Office: County Governments will replace ‘Chosen Freeholder’ with ‘County Commissioner,’” State of New Jersey, August 21, 2020.
41
Municipal Research Services Center (MRSC). "County Forms of Government: Commission Form." Last modified May 6, 2024.
42
“Commissioners,” Latah County Idaho.
Commissioners. Website
43
Coppa, County Government, 8.
44
Duncombe and Weisel, State and Local Government in Idaho and the Nation, 133.
45
Ragone, The Everything American Government Book, 248.
46
David R. Berman, ed., County Governments in an Era of Change (Westport, CT: Greenwood Press, 1993), 23.
47
Berman, County Governments in an Era of Change, 23.
48
Berman, County Governments in an Era of Change, 23.
49
Berman, County Governments in an Era of Change, 23.
50
Ragone, The Everything American Government Book, 248.
51
Coppa, County Government, 8, 10.
52
Marx, Herbert L. State and Local Government. Reference Shelf Series, vol. 34, no 3, New York: Hw Wilson, 1962, 133.
53
Coppa, County Government, 8.
54
National Civic League. Model County Charter. Revised Edition. Denver, CO: National Civic League, 1990, 12.
55
National Civic League, Model County Charter, 12–13, (condensed):Alternative I: Election At LargeMembers are elected by the voters of the county at large.Alternative II: Election at Large with District Residency RequirementNot more than one member shall reside in each of the districts.All shall be nominated and elected by the voters of the county at large.Alternative III: Mixed at-Large and Single-Member District SystemMembers shall be nominated and elected by the voters of the county at large.Members shall be nominated and elected by the voters of each of the council districts. Alternative IV: Single-Member District SystemOne council member shall be nominated and elected by the voters in each of the council districts.Alternative V: (Proportional Representation)Members elected by the registered voters of the county at large.The Council shall be elected by proportional representation by the method of the single transferable vote.
56
Fernald, Austin. "The Difference Between a Town and a City; Plus Counties, Villages and More." ZoningPoint Blog.
57
“City-County Consolidation in North Carolina,” UNC School of Government, 2024.
58
“City-County Consolidations,” National League of Cities, September 4, 2013.
59
Berman, County Governments in an Era of Change, 137.
60
Ballotpedia, s.v. “Consolidated Government.”
61
Lydia Lo, “Who Zones? Mapping Land-Use Authority across the US,” Urban Wire (blog), Urban Institute, December 9, 2019.
62
Lo, “Who Zones?”
63
“Row Officers,” Montgomery County Pennsylvania.
Row Officers. Book
64
Thus, deputy sheriffs, deputy prosecutors, deputy treasurers, deputy coroners, and such are assistants appointed by the elected sheriff or prosecutor or treasurer or coroner, etc.
65
Public defenders are elected in San Francisco, Florida, Tennessee, and Nebraska. Andrew Howard, “The Public’s Defender: Analyzing the Impact of Electing Public Defenders,” Columbia Human Rights Law Review Online, April 15, 2020.
66
According to the National Association of Counties, the following states elect their county clerks: Alabama, Arkansas, Colorado, Delaware, Idaho, Illinois, Indiana, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, Oklahoma, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. The states of California and New York can decide whether to elect or to appoint their clerks, and in the remaining states, the office of county clerk may not exist. Jacqueline J. Byers,“Role of the County Clerk,” National Association of Counties (NACo), November 2008.
67
Byers, Jacqueline J. "Role of the County Clerk." National Association of Counties Research Brief. November 2008.
68
Here is a ranking of real estate property taxes by state: John S. Kiernan, “Property Taxes by State (2024),” WalletHub, February 20, 2024.
Property Taxes by State (2024). Website
69
“Assessor,” Idaho County.
70
Such as in Texas, where the tax assessor also processes motor vehicle title transfers, issues motor vehicle registration and licenses (and may do the same for boats), registers voters, and may conduct elections! “County Tax Assessor-Collector,” Texas Association of Counties.
71
The following states constitutionally elect a treasurer for each county: Alabama, Arizona, Arkansas, Colorado, Georgia, Iowa, Idaho, Illinois, Indiana, Kansas, Massachusetts, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, and Wyoming. “The position is appointed in Alaska, Hawaii and North Carolina and can be either elected or appointed in California and New York. In West Virginia, following the old Anglo-Saxon governmental form, the Sheriff remains the chief tax collector to this day in the combined role of Sheriff-Treasurer.” Jacqueline J. Byers, “County Treasurer: Keeper of the Dollar$,” National Association of Counties (NACo), November 2008.
72
Byers, “County Treasurer.”
73
Byers, “County Treasurer.”
74
Note that in this state (Ohio), the coroner must be a licensed physician. “What Is a Coroner?” Franklin County Forensic Science Center.
What Is a Coroner? Book
75
The following states require coroners to be licensed physicians: Kansas, Louisiana, Minnesota, and Ohio. “Coroner and Medical Examiner Laws,” CDC.
76
Carson, Clarence B. Basic American Government. Wadley, AL: American Textbook Committee, 1993, 314.
77
Sheriffs are not elected in Alaska, Connecticut, or Hawaii. “Office of Sheriff State-by-State Elections Information,” National Sheriffs’ Association. “The Alaska State Troopers are primarily a rural police department. Alaska does not have counties, sheriff’s offices or deputies. The Alaska State Troopers provide complete law enforcement services for areas outside of the traditional ‘city limits’ of most Alaska cities.” “State Troopers—Recruitment,” The Great State of Alaska—Department of Public Safety. In Connecticut, sheriffs were replaced with a privatized state marshal system in 2000. “Marshal Commission, State: FAQs,” CT.gov. In Hawaii, there are not sheriffs, but deputy sheriffs do serve in the Sheriff’s Division of the Hawaii Department of Public Safety. “Department of Law Enforcement,” State of Hawaii.
78
Carson, Clarence B. Basic American Government. Wadley, AL: American Textbook Committee, 1993, 313.
79
“FAQ,” National Sheriffs’ Association.
80
A summons is a written document requiring a person to appear before a judge, a warrant is a written document authorizing a person’s arrest, and a subpoena is a written document requiring a person to attend a trial for the purpose of providing evidence.
81
Carson, Clarence B. Basic American Government. Wadley, AL: American Textbook Committee, 1993, 314.
82
A few other states refer to this office by other names: state’s attorney in Illinois, state attorney in Florida (note the elimination of the possessive), commonwealth’s attorney in Virginia, and county attorney in Montana, Arizona, and Minnesota. This position differs from the staff attorney appointed to give the county legal counsel.
83
Angela J. Davis, “Prosecutors as the Most Powerful Actor in the Criminal Justice System,” Race, Racism and the Law, February 7, 2014.
84
David Alan Sklansky, “The Nature and Function of Prosecutorial Power,” Journal of Criminal Law and Criminology 106, no. 3 (Summer 2016): 504.
85
Note that felonies are more serious crimes with longer sentences and can result in loss of rights to vote, possess firearms, or hold public office. Felonies often involve a twelve-person jury. Misdemeanors are less serious offenses punishable by less than one year of incarceration. Misdemeanors can involve a smaller (six-person) jury. Also note that there are rogue prosecutors who refuse to uphold state law.
86
Wex Legal Dictionary and Encyclopedia, s.v. “District Attorney (DA),” Legal Information Institute, Cornell Law School.
87
Robert H. Jackson, “The Federal Prosecutor,” Journal of Criminal Law and Criminology 31, no. 1 (Summer 1940): 3. Note that prosecutors have the same type of powers at the county, state, and federal levels.
The Federal Prosecutor. Website
88
Lenore T. Adkins, “What does a public defender do in the U.S.?” ShareAmerica, September 17, 2020.
89
Andrew Howard, “The Public’s Defender,” 63n.
90
“The exact reason San Francisco chose when it was first established in 1921 to elect its Public Defender, unlike every other county in the state, is unknown.” Howard, “The Public’s Defender,” 21n.
91
Howard, “The Public’s Defender,” 67n.
92
Howard, “The Public’s Defender,” 67n.Today, 38 of the current 93 counties in the state have elected Public Defenders, and those offices oversee all of the largest population areas. “Nebraska,” Gideon at 50.
93
“Public Defender,” State of Florida—Fourteenth Judicial Circuit.
Public Defender. Book
94
Encyclopedia Britannica, s.v. “County, United States.”
95
For a brief overview of the nation’s judicial processes, USLegal.com produces a “State-by-State Summary of Judicial Selection” on its website.
96
For violation of state law.
97
For alleged wrongdoing against another person or entity.
98
For violation of state law by minors.
99
For state tax violations.
100
For paying creditors of a deceased person and distributing assets to beneficiaries.
101
“What Is the Difference between Municipal Court, District Court, and Federal Court?” Roth Davies Trial Lawyers.
102
Yes, reselection. According to the Missouri Plan, it “works like this: citizens and lawyers, working as a team, serve on nominating commissions to select the best three candidates to fill an open judgeship. The governor then appoints one of those candidates to the position. Then, at the general election following their first 12 months on the bench and at the end of each term, each judge must stand before the voters in a retention election.” “How the Missouri Plan Works,” Your Missouri Judges.
103
USLegal. "State-by-State Summary of Judicial Selection.".
104
Described in the previous chapter.
105
“Crapo Honors Latah County Sheriff With Spirit of Idaho Award,” Mike Crapo U.S. Senator for Idaho, September 5, 2019.