Duty of the
sheriff as defined in Georgia law, i.e., Official Code of Georgia
Annotated (O.C.G.A.) 15-16-10:
(a) It is the
duty of the sheriff:
(1) To execute
and return the processes and orders of the courts and of officers
of competent authority, if not void, with due diligence, when delivered
to him for that purpose, according to this Code;
(2) To attend,
by himself or his deputy, upon all sessions of the superior court
of the county and also upon sessions of the probate court whenever
required by the judge thereof and, while the courts are in session,
never to leave same without the presence of himself or his deputy,
or both, if required;
(3) To attend,
in the same manner specified in paragraph 2. of this subsection,
at the place or places of holding an election at the county site,
on the day of an election, from the opening to the closing of the
polls, and to take under his charge all subordinate officers present,
as police to preserve order;
(4) To publish
sales, citations, and other proceedings as required by law and to
keep a file of all newspapers in which his official advertisements
appear, in the manner required of clerks of the superior courts;
(5) To keep an execution docket wherein he must enter a full description
of all executions delivered to him and the dates of their delivery,
together with all his actions thereon, and to have the same ready
for use in any court of his county;
(6) To keep
a book in which shall be entered a record of all sales made by process
of court or by agreement of the parties under the sanction of the
court, describing accurately the property and the process under
which sold, the date of the levy and sale, the purchaser, and the
price;
(7) To receive from the preceding sheriff all unexecuted writs and
processes and proceed to execute the same; to carry into effect
any levy or arrest made by a predecessor; to put purchasers into
possession, and to make titles to purchasers at his or her predecessor's
sales, when not done by his or her predecessor;
(8) To perform such other duties as are or may be imposed by law
or which necessarily appertain to his or her office; and
(9) To exercise the same duties, powers, and arrest authority within
municipalities which such officer exercises in the unincorporated
areas of counties.
(b) If any sheriff
or deputy fails to comply with any provision of subsection (a) of
this Code section, he shall be fined for a contempt as the clerk
of the superior court is fined in similar cases. Code Section 15-6-82,
as to removal, shall also apply to sheriffs.
(c) In all counties
of this state having a population of not less than 350,000 nor more
than 550,000 according to the United States decennial census of
1990 or any future such census, it shall be the duty of the sheriffs
of such counties to receive, confine, feed, and care for all persons
charged with the violation of any ordinances of such counties in
the same manner as persons charged with an indictable offense, whether
such person charged with the violation of an ordinance is being
held pending a hearing before the recorder's courts of such counties
or has been sentenced by the recorder's courts to imprisonment in
the county jail.
Constitutional
and Legal Provisions ESTABLISHING the Sheriff’s Office IN
GEORGIA
In Georgia,
the Sheriff is the highest-ranking law enforcement official in the
county. As Fulton County is the County in which the State Capital
is located, the Sheriff of Fulton County is also known as the "High
Sheriff."
The office of
the Sheriff in Georgia is considered to be both a constitutional
and county office. The constitutionality of the office stems from
the common law, from the constitutional provisions extended to certain
offices in existence when the first Georgia constitution was ratified,
and because the Sheriff is listed in the Georgia Constitution of
1983 as one of four independently elected county officers (see below).
In the structure
of county government, the office of Sheriff has the distinction
of not being simply another department. Because the office of Sheriff
is a constitutional one, its internal operations are the sole responsibility
of the Sheriff, and the Sheriff is not subordinate to a county administrator
or manager.
While most of
the legal provisions concerning the office of Sheriff in Georgia
are contained in the state's statutory and case law, one paragraph
of the state constitution does apply to the sheriff. Article IX,
section 1, paragraph III, of the Georgia Constitution of 1983, specifically
lists the Sheriff as a county officer. In addition, general law
requires that all county officers must have resided in the county
for at least two years prior to the election and be a qualified
voter.
Constitution,
State of Georgia, effective July 1, 1983.
Article IX. Counties and Municipal Corporations
Section 1. Counties
Paragraph III. County officers; election; term; compensation.
(a) The clerk
of the superior court, judge of the probate court, sheriff, tax
receiver, tax collector, and tax commissioner, where such office
has replaced the tax receiver and tax collector, shall be elected
by the qualified voters of their respective counties for terms of
four years and shall have such qualifications, powers, and duties
as provided by general law.
(b) County officers
listed in subparagraph (a) of this Paragraph may be on a fee basis,
salary basis, or fee basis supplemented by salary, in such manner
as may be directed by law. Minimum compensation for said county
officers may be established by the General Assembly by general law.
Such minimum compensation may be supplemented by local law or, if
such authority is delegated by local law, by action of the county
governing authority.
(c) The General
Assembly may consolidate the offices of tax receiver and tax collector
into the office of tax commissioner.
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