INTRODUCTION
In Georgia, the sheriff is both a constitutional and a county officer. The constitutionality of the office derives primarily from English Common Law. Its status as a county office is drawn from a number of general constitutional provisions relating to the office. In addition to the general qualifications required of all county officers, a number of specific constitutional standards relate only to the office of sheriff.
HISTORY OF THE SHERIFF
More than twelve hundred years ago England was inhabited by small group of Anglo-Saxons who lived in rural communities called tuns (later towns). These people were often at war. Sometime before 700 AD, the Anglo-Saxons decided to systemize their methods of fighting by forming a system of local self-government based on groups of ten.
Each tun was divided into groups of ten families called a tithing. They elected a leader of each tithing called a tithingman. The tithings were also arranged in tens. Each group of ten tithings (one hundred families) elected its own chief called a gerefa (later shortened to reeve),
During the next two centuries, a number of changes took place in the tithing and hundreds. A new unit of government, the shire, was formed when groups of hundreds joined together (the shire is the forerunner of the county). Just as the hundreds elected a reeve, each shire had a reeve.
To distinguish the leader of the hundreds from the leader of the shire, the more powerful leader became known as the shire-reeve (later becoming sheriff - meaning the keeper or chief of the county).
Under England's King Alfred the Great, the sheriff was responsible for maintaining law and order within his county. However, every citizen's duty was to assist the sheriff in keeping the peace. If a criminal or escaped suspect was at large, it was the sheriff's responsibility to give the alarm, the hue and cry as it was called. Any citizen hearing the alarm was then legally responsible for helping to bring the criminal to justice. This principle of direct citizen participation survives today in the procedure known as posse comitatus or posse.
Originally, the tuns ruled themselves through the election of tithingmen and reeves. Over the years, the government became more centralized by concentrating the power in a single ruler, the king. The king distributed large tracts of lands to various noblemen who governed the lands with the king's authority. As such the noblemen appointed sheriffs for the counties that they controlled. In areas not assigned to a nobleman, the king appointed the sheriffs.
In 1066 AD the Normans from France defeated the Saxon King Harold at the Battle of Hastings. The Normans did not believe in local government and centralized their power. Rule was greatly consolidated under the king and his appointees. More than ever before the sheriff became an agent of the king. Among the sheriff's new duties was that of tax collector.
In 1215 AD a rebellion of nobles forced King John to sign the Magna Carta. This document restored many rights lost by the noblemen and guaranteed certain basic freedoms. The Magna Carta mentions the sheriff's role nine times, further establishing the importance of the office.
Over the next few centuries, the sheriff remained the leading law enforcement officer of the county. To be appointed sheriff was considered a significant honor. The honor was a costly one. If the people of the county did not pay the full amount of taxes and fines, the sheriff had to makeup the difference from his holdings. Furthermore, the sheriff was expected to serve as host for judges and other dignitaries, providing lavish entertainment at his own expense. For these reasons, the office of sheriff was not often sought after. In fact, many well-qualified men did everything they could to avoid being chosen because being chosen sheriff meant he had to serve.
When the English settled the American colonies, the office of sheriff traveled with them. The first American counties were established in Virginia in 1634 and the first records of an elected sheriff appear a few years later. However, most colonial sheriffs were appointed, not elected. American sheriffs were not expected to pay extraordinary expenses, as were the English sheriffs.
Throughout the eighteenth and nineteenth centuries, American sheriffs were assigned a broad range of responsibilities by colonial and state legislatures. Some responsibilities, such as law enforcement and tax collecting were carried over from England. Others were added, such as overseeing the jails and workhouses.
As America moved westward, the concept of the county jail and office of the sheriff moved also. The sheriff was desperately needed to establish order in the lawless territories where power belonged to the fastest draw and the most accurate shot. Most western sheriffs kept the peace by virtue of their authority rather than by their guns. With only a few exceptions, the sheriffs resorted to firepower much less often than is commonly imagined.
In modern America, in the majority of states, the office of sheriff is established by the state constitution. Most of the remaining states have established the office by act of the state legislature. Alaska is the only state where the office of sheriff does not exist. There are only two states in which the voters do not elect the sheriff. In Rhode Island, the governor appoints sheriffs; in Hawaii, the state’s chief justice appoints them.
DUTIES OF THE SHERIFF IN GEORGIA
Georgia case law addresses specifically the duties associated with the office of sheriff. In Elder v. Camp, 193 Ga 320, 322, 18 S.E. 2d 622, the court held "The office of sheriff carries with it, in America, all of its Common-law duties and powers, except as modified by statute." Thus the sheriff's duties are tied directly to English Common-law unless modified by state statute. The Official Code of Georgia also address the sheriff's duties in OCGA 15-16-1 Qualifications of Sheriff, OCGA 15-16-10 Duties of Sheriff, and 15-16-23 Employment of Deputies.
There are four specific duties assigned to the sheriff enumerated in Georgia law. They are to maintain peace, protect life, protect property and provide service to the community. Beyond these, there are several duties required as a condition of the sheriff's oath of office. The sheriff is required to provide law enforcement functions within the county. The sheriff may also intervene in matters relating to law enforcement even when those activities occur within the city limits.
The sheriff must provide for
- The protection of life and property;
- The preservation of the public peace;
- The prevention, detection, and investigation of criminal activity;
- The apprehension and confinement of offenders and the recovery of property;
- The expeditious movement and control of vehicular traffic and investigation of traffic accidents;
- The control of crowds at public events and regulation of other non-criminal conduct;
- The rendering of services and the protection of property during civil emergencies and natural disasters; and
- The responsibility for providing numerous non-crime-related services to the community.
Ordinarily, when a county police force is established, the sheriff will retain the court and detention-related functions but relinquishes authority to the county police force for the law enforcement activities within the county.
In establishing the county police force, the county government cannot remove any law enforcement duties from the office of the sheriff, nor can they reduce the sheriff's budget to hinder or prevent the sheriff from maintaining peace and enforcing laws within the county.
DUTIES OF THE SHERIFF AS AN OFFICER OF THE COURT
|
BAILIFF DUTIES
The sheriff or his designee serves as the bailiff of the superior court, and upon request to the probate court. It is the bailiff's duty to assist in maintaining order and decorum in the courtroom and to provide security and protection for jury proceedings and jury members.
SERVICE OF SUMMONS AND SUBPOENAS
The sheriff is responsible for serving many of the summons, but not all of them. Personal service is the preferred method of service, and is required in certain cases. There are other methods of service, which will be in a later chapter of this text.
SERVICE OF OTHER CIVIL PROCESS PAPERS
Civil process may be defined as the method by which civil (non-criminal) cases are initiated, carried out, and finalized. Most civil proceedings involve dispute over property ownership or the collection of debts. The sheriff exercises a number of broad responsibilities in these cases, which will be in a later chapter in this text.
SERVICE AND EXECUTION OF WARRANTS
The sheriffs serve and execute warrants issued within their county. The sheriff can cross county lines and execute arrest warrants in any county of the state.
|
DUTIES OF THE SHERIFF AS A DETENTION OFFICER
By virtue of their office, the sheriffs are the official jailors of the county. They are responsible for the health, safety and welfare of the prisoners under their control. Sheriffs are also responsible for protecting the constitutional rights of their prisoners. The sheriff is authorized by law to appoint jailors to assist in the keeping of the jail. Before taking office, jailors must swear to treat the prisoners humanely and not to allow them to escape through negligence or inattention.
CONCLUSION
As you can see, the office of the sheriff has had a long evolution. From it beginnings in old England, its arrival in America, its move into the old West, and its developments in the twentieth century; the office has seen many changes and expansion of its duties. The modern sheriff has law enforcement, court and detention responsibilities.
