Articles Government and Administrative Law County Sheriffs in Colorado: Beyond the Myth
| Jurisdiction | Colorado,United States |
| Citation | Vol. 38 No. 2 Pg. 19 |
| Pages | 19 |
| Publication year | 2009 |
2009, February, Pg. 19. Articles Government and Administrative Law County Sheriffs in Colorado: Beyond the Myth
February 2009
Vol. 38, No. 2 [Page 19]
Government and Administrative Law articles provide information to attorneys dealing with state and federal administrative agencies, as well as attorneys representing public or private clients in the areas of municipal, county, and school or special district law.
Coordinating Editor
Brad Bailey-(303) 670-0413, bdbailey.law@q.com
About the Author
Joanne Eldridge serves as an Assistant County Attorney for Routt County in Steamboat Springs-jeldridge@co.routt.co.us.
This article presents a summary of Colorado law relating to county sheriffs, including statutory responsibilities and case law. The legislature amended CRS § 30-10-506 in 2006, deleting the language that a deputy's appointment may be revoked at the pleasure of the sheriff.
"[T]he office of sheriff [is] the most important of all the executive officers of the county. . . ."
-Thomas Jefferson(fn1)
This quote frequently is found on the websites of sheriffs' offices, correctly attributed to Thomas Jefferson but inaccurately sourced and without proper context.(fn2) In movies and on television, the sheriff often is portrayed as a mythic figure, protecting the innocent, dispensing rough justice, and overseeing the punishment of convicted criminals. The very word "sheriff" conjures an image from bygone frontier days: a lawman in a cowboy hat on a horse, carrying a six-shooter, and proudly wearing a silver or brass star badge.
Beyond the myth, though, what are the powers and duties of a modern-day sheriff in Colorado? Are there limitations on the authority of the sheriff in this Western state in the 21st century? The purpose of this article is to answer these questions and provide a framework of statutes and case law to analyze legal issues that may arise for county attorneys or Colorado sheriffs.
Qualifications for Office
The Colorado Constitution provides for the election of certain county officers, including one sheriff in each county, who shall serve four-year terms.(fn3) Like all other elected county officials, the sheriff is limited to two consecutive terms in office unless the voters elect to lengthen, shorten, or eliminate the term limits in their jurisdiction.(fn4) The Colorado Constitution also provides that the general assembly has the power to establish qualifications for the office of sheriff, such as certification and training requirements.(fn5)
The statutory qualifications for nomination, election, or appointment to the office of sheriff are as follows:
1) U.S. and Colorado citizenship and residency in the county to which the candidate seeks to be appointed or elected;
2) possession of a high school diploma or equivalent, or a college degree; and
3) successful criminal background check, as demonstrated by fingerprints submitted to the Colorado Bureau of Investigation for testing, to determine if the candidate has any felony convictions under state or federal laws.(fn6)
Statutory Requirements
Colorado law requires training for every person elected or appointed to the office of sheriff for the first time, including eighty hours at a new sheriff training course developed by the county sheriffs of Colorado. By law, sheriffs are peace officers who are required to have peace officer standards and training (P.O.S.T.) certification.(fn7) The sheriff must obtain basic P.O.S.T. certification within one year of taking office.(fn8) A peace officer is certified by the P.O.S.T. board and has the "authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties."(fn9)
Sheriffs also are required annually to complete twenty hours of in-service training provided by the county sheriffs of Colorado. The sheriff's county must pay all reasonable costs and expenses of new sheriff and in-service training.(fn10) If any sheriff fails to comply with the mandatory training requirements, the P.O.S.T. board must notify the board of county commissioners in the sheriff's county, and the board must suspend the sheriff's pay until the sheriff has complied.(fn11)
Statutory Responsibilities
The sheriff has a number of obligations that he or she is required by statute to perform. These responsibilities are summarized below.
Keep Jail and Transport Prisoners
Colorado law specifies that the sheriff is the custodian, or keeper, of the county jail in his or her county.(fn12) The sheriff is responsible for the manner in which the jail is maintained and must keep it "clean, safe, and wholesome."(fn13) The county in which the jail is located is responsible for the costs associated with maintaining the jail, including expenses for lighting and warming.(fn14) The sheriff may be liable for an injury suffered by a prisoner if a breach of duty was the proximate cause of the prisoner's injury.(fn15)
As keeper of the county jail, the sheriff must receive and keep all persons brought to the jail pursuant to law.(fn16) The sheriff also is responsible for transporting prisoners to correctional facilities or other places of confinement.(fn17) The sheriff has a legal duty to ensure that a prisoner denied bail remains confined in the jail:
An order refusing bail is an order that the accused shall be confined. We hold that when a sheriff knows that his prisoner has been refused bail, it is a contempt of the court refusing the bail for the sheriff willfully to permit the prisoner to be at large.(fn18)
Act as Fire Warden
The sheriff has the duty to act as the fire warden of his or her county in the event of forest or prairie fires.(fn9) The sheriff also has the duty to report the existence of any forest fire, whether on public or private land, to the board of governors of the Colorado state university system, which has the responsibility of providing for the protection of Colorado forests from fire and other threats.(fn20) In the case of any forest or prairie fire, the statutory duty of the sheriff, the undersheriff, and deputies is to assume charge of the fire or to assist other governmental authorities in controlling or extinguishing the fire.(fn21) If the sheriff concurs, the state forester may assume this duty.(fn22)
The board of county commissioners may, as it deems appropriate, pay expenses and compensation associated with extinguishing or controlling a fire to the sheriff, fire departments, and fire protection districts.(fn23) For fires occurring on private property, the sheriff may request assistance from a fire protection district or municipality if, "in the judgment of such sheriff, the fire constitutes a danger to the health and safety of the public or a risk of serious damage or property."(fn24)
Execute Writs and Serve Process
The sheriff is responsible, personally or through his or her undersheriff or deputies, for service of process and execution of all writs directed to the sheriff in the sheriff's county.(fn25) Only the sheriff may execute processes, writs, and court orders.(fn26) The sheriff "is an officer of the court, charged with the duty of carrying out the orders and decrees of the court."(fn27) The sheriff is not required to assess the validity of court orders as a prerequisite to execution, nor is the sheriff liable for carrying out the orders of the court.(fn28)
A statutory provision specifically prohibits the sheriff from acting as an attorney: "No sheriff, undersheriff, or deputy shall appear or advise as attorney or counselor in any case in any court."(fn29) The sheriff is an executive officer who is not required to be learned in the law.(fn30) If, however, the sheriff in any case fails to make due return to the court of any process delivered to him or her for execution, the sheriff is liable for such neglect.(fn31) The sheriff also may be liable for treble damages for requesting or receiving fees greater than those allowed by law for services to be performed in the course of his or her official duty.(fn32)
Preserve the Peace and Command Aid
The sheriff has the duty to keep the peace in his or her county, including the suppression of riots and insurrections.(fn33) This responsibility is related to the historical authority of the sheriff to raise the power of the county, or "posse comitatus," to assist with enforcing the law.(fn34) Sheriffs, undersheriffs, and deputies may call to their aid any person-that is, private citizen-in their county as necessary to enforce the law, keep the peace, serve process in civil or criminal cases, and make arrests.(fn35) To carry out the responsibility of preserving the peace, the sheriff may employ a staff of deputies who respond to calls for assistance, enforce traffic and other laws, investigate crimes that occur in the county, and arrest persons who violate the laws. By law, sheriffs' deputies are peace officers whomust be P.O.S.T.-certified.(fn36)
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