All in a Day’s Work
The office of sheriff is one of three positions in the Kentucky Constitution that holds law enforcement authority. However, it is the only agency that works in all three branches of the criminal justice system, which include courts, corrections and law enforcement. The office came into Kentucky with the birth of the commonwealth in 1792 and its first Constitution. At that time, sheriffs were elected to three-year terms. By the second Constitution in 1799, the position had become an appointed office. The county court nominated the sheriff and appointed from a list provided to the governor. The term was two years.
That lasted until 1850, when in the third Constitution dedicated it once again become an elected office with a two-year term. The current Constitution, revised in 1891, increased the term to four years. As an elected county official, sheriffs are subject to all laws that apply to other officers.
Most statutes relating to sheriffs’ offices are found in KRS 70. Much of the language in that chapter appears antiquated to modern eyes and has not changed since the major KRS overhaul in 1942. Much of it was a carry-over from existing statutes that date back before 1900. The Sheriff’s Oath, taken by elected sheriffs and each deputy in addition to the Constitutional Oath and the required Peace Officer Oath to enforce gaming laws, is particularly evocative in its language:
“I, A B, do swear that I will do right, as well to the poor as to the rich, in all things belonging to my office as sheriff; that I will do no wrong to any one for any gift, reward or promise, nor for favor or hatred, and in all things I will faithfully and impartially execute the duties of my office according to the best of my skill and judgment, so help me God.”
Sheriffs’ offices are different from other law enforcement agencies in that they are an elected “office” rather than a department of the county government. Each office has deputies – which under common legal understanding indicates an individual who is empowered to act for the principal. It is still not unusual in Kentucky to hear the elected sheriff called the “high sheriff,” and his or her deputies called sheriffs. Up until the early 1990s, all employees of the sheriff’s office had to be deputy sheriffs. However, sheriffs are permitted to hire non-sworn assistants, civilian staff, to handle the office and administrative duties. In 2006, following the evolution of increased training requirements for deputy sheriffs, the position of a court security officer was created by statute, to lessen the burden on sheriffs for staff that would only work in the court environment.
Law Enforcement Duties
Sheriffs in most counties have regular law enforcement responsibilities in the area outside the city police’s jurisdiction. They can enforce the law in those cities as well, if necessary. In a few counties, that responsibility has been subordinated by the presence of another countywide law enforcement agency. However, unlike other law enforcement agencies, sheriffs have a myriad of other duties to keep them busy.
Sheriffs handle court functions of their respective counties. They work closely with the Administrative Office of the Courts and also take responsibility for serving all civil, criminal and other processes that come to their office.
Sheriffs are responsible, in conjunction with jailers, local corrections and state corrections, for managing the flow of prisoners between jail, court, and state prison facilities. In addition, the sheriff, in most instances, handles out-of-state extraditions, making trips to far-flung places in the United States to bring prisoners back to Kentucky.
Tax Collector and Other Duties
In addition to duties in law enforcement, courts and corrections, sheriffs have other essential functions as well. Just like in Robin Hood, one of the primary responsibilities of a Kentucky sheriff is collecting taxes and then distributing them to the agencies on whose behalf the sheriff works. This is a primary duty, and during “tax season,” the sheriff’s staff will be bustling.
Over time, the sheriff’s office ended up with other miscellaneous duties, such as auto inspections for out-of-state vehicles and Concealed Carry Deadly Weapons licenses, because it was necessary to have a responsible countywide agency in every area handling the process.
The sheriff is legally required to attend the county fiscal court meeting, or delegate someone to do so. The sheriff, and in an election year for the sheriff, his or her delegee, sits as a member of the County Board of Election and has legal duties to ensure the process is secure.
Sheriffs may also be tasked to be the county property custodian, but that will be on a county-by-county basis.
Sheriffs have responsibilities in forcible detainer – also known as eviction – cases.
For example, the case of Greene v. Lindsey, 456 U.S. 444 (1982), the Jefferson County Sheriff’s Office had a case that went to the United States Supreme Court. It concerned the civil process used to initiate a forcible detainer case, and the alleged insufficiency in providing adequate notice and due process to respondents, especially those in a multi-unit building, as was the situation for Lindsey and two others who joined in the case.
The Court agreed that the process in use at the time, simply posting the notice on the door, was not enough to make the resident aware of the pending action. As a result, such notices are now also mailed to the residence.
A rare duty, one that certainly surprises sheriffs when they are called to perform the function, requires them to administer the estate of a decedent in the absence of a personal representative, public administrator or guardian. Sheriffs are also permitted through KRS 431.250, although not mandated, to attend the execution of a person convicted in their county.
In the law enforcement community, sheriffs’ offices are the epitome of multi-tasking. A sheriff’s day might start with serving the court and include patrol, civil process, eviction and helping with tax collection.
