In all of the states that have a sheriff, the office serves the court in some manner. A major function of the sheriff to the court is to provide bailiffs. Typical duties of the bailiffs are to provide court security, assist with the flow of cases, escort prisoners to and from the courtroom, and maintain juries. In many states, the sheriff sustains the entire operation of the courthouse. In some jurisdictions, sheriff's personnel are assigned to county court judges as their personal aides. According to the National Sheriff's Association (1970), the average county was supplied with 4 sworn and 2 civilian personnel to various court functions.163
Another significant role of the sheriff is to provide civil law enforcement service on behalf of the courts. Municipal police officers are generally prohibited from performing this function. In the event enforcement is needed on behalf of the court, exclusive of criminal law enforcement, the sheriff is the primary agent in the United States to provide it. Civil process service, summonses, evictions, service of court orders, writs, repossession orders, child support orders, and orders of protection are typical issues that are dealt with by sheriff's personnel. Richard Talamoe, Undersheriff of New York County, New York, has described this process to me using the following metaphor:
"When I look at the statue of justice and I see the blindfolded lady holding the scales in one hand and a sword in the other, the sword to me represents the office of sheriff".164
In other words, relief in civil matters is directed by the courts but extracted by sheriffs. If a debtor fails to pay a creditor, a court order may direct the payment. If the debtor fails to follow the mandates of the court, the sheriff, representing the creditor can extract payment through the garnishment of wages or the seizing of property. Similarly, if a tenant is ordered by a court to vacate a premises of a landlord, it is the sheriff who draws the sword to separate the tenant from the property and restores it to the landlord's control. Without this type of enforcement effort, violations of law, short of criminal issues, would go unenforced in most jurisdictions.
Copyright © 1998, 1999 Harry C. Buffardi
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