History of the Office

The Office of Sheriff is one of the oldest offices known to the English common law system.  It is an office of great dignity.

Today’s sheriffs are elected officials who, with a few exceptions, serve as the chief law enforcement officer for a county.  Although the duties of the sheriff vary from jurisdiction to jurisdiction the sheriff’s office is generally active in all three branches of the criminal justice system: law enforcement, the courts, and corrections.

When one hears the word “sheriff”, one often imagines the shootouts and gunfights of the Wild West. The media indeed makes it difficult to think of Sheriffs in another place and time, and difficult to understand the role of our sheriffs today. Most are surprised to learn that the history of the Office of Sheriff spans over 1000 years. To understand the vital function that sheriffs continue to serve, one must be aware of the long, diverse history of the Office of Sheriff.

Ancient History

The first mention of sheriff is found dated back to 600 B.C. in the Book of Daniel which recounts the presence of the sheriff at the setting up of the golden image by the Chaldean King of Babylon, Nebuchadneszzar:
“...Nebuchadnezzar the king sent to gather together the princes, the governors, and the captains, the judges, the treasurers, the counselors, the sheriffs, and all the rulers of the provinces, to come to the dedication of the image which Nebuchadnezzar the king had set up.  Then the princes, the governors, and captains, the judges, the treasurers, the counselors, the sheriffs, and all the rulers of the provinces, were gathered together unto the dedication of the image that Nebuchadnezzar the king had set up; and they stood before the image...”

Medieval England

More than twelve hundred years ago England was inhabited by a 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.

The Sheriff Crosses the Atlantic

In settling the American colonies, the British brought with them the Office of Sheriff. As the first American counties were established in Virginia in 1634, the elected Sheriff appeared a few years later.

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 sheriff is not elected by the voters.  In Rhode Island, sheriffs are appointed by the governor; in Hawaii, they are appointed by the state's chief justice.

The Chatham County Sheriff’s Office is believed to be the oldest law enforcement agency in Georgia, and one of the oldest in the United States, having been established in 1732. The title of Sheriff was not adopted until 1788. Up until this time the position was known as a Bailiff and later Provost.

The Modern Sheriff in Georgia

Today, the Office of Sheriff is established by the state constitution in most states. Other states have established the office by act of the state legislature. In Georgia, the Sheriff is both a constitutional and a county officer. The constitutionality of the office derives primarily from English Common Law. The status as a county office is drawn from a number of general constitutional provisions relating to the office.

 It is the responsibility of the Sheriff to maintain peace, protect life, protect property and provide service to the community. Specific duties of the Office of Sheriff today include: providing law enforcement and traffic safety services, operating the county jail, serving as an officer of the court and serving criminal warrants, subpoenas and civil papers. Each county has one elected sheriff; in turn, the sheriff appoints deputies to assist him in carrying out their official duties.  The position of deputy sheriff is recognized by both statutory and case law in Georgia.

Some sheriffs still have time to drop by the town coffee shop to chat with the citizens each day while others report to an office in a skyscraper and manage an office whose budget exceeds millions and millions of dollars.  Despite their differences in style, most Sheriffs have certain roles and responsibilities in common:

Law Enforcement:  Most sheriff’s offices have a responsibility for law enforcement, a function that dates all the way back to the origins of the office in feudal England.  Although the authority of the sheriff varies from state to state, a sheriff always has the power to make arrest.  Georgia extends this authority statewide to all Sheriffs.

Court Duties: Sheriffs are responsible for maintaining the safety and security of the court.  A sheriff or deputy may be required to attend all court sessions; to act as bailiff; to take charge of juries whenever they are outside the courtroom; to serve court papers such as subpoenas, summonses, warrants, writs, or civil process; or, to perform other court related functions.

Jail Administration:  Most sheriffs’ offices maintain and operate county jails.  They are responsible for supervising inmates and protecting their rights.  They are also responsible for providing inmates with food, clothing, exercise, and medical services.  This responsibility has become more difficult as old jails begin to deteriorate and become overcrowded. The mid-1970s brought on an explosion of lawsuits filed by inmates to protect their conditions of confinement.  However, in recent years national and state accreditations, along with the courts, have been working together with local authorities to provide more appropriate custodial care for offenders.   

Tomorrow’s Sheriff

No longer should our sheriffs be viewed as the shoot’em up lawman of the movies and television.  Our sheriffs are professionals who strive to make our communities better places to live. Prior to taking office, each sheriff must attend the 4 week Sheriffs’ Elect training course.  Annually, each must obtain a minimum of 20 hours of training, however, most double their training hours each year. Today, 95% of Georgia’s sheriffs had several years of criminal justice experience prior to being elected sheriff and many have a college degree. Continuing education and training are part of their routine.

The importance of the modern sheriff was stressed by President Ronald Reagan in his address to the National Sheriffs’ Association on June 21, 1984.  He said, “Thank you for standing up for this nation’s dream of personal freedom under the rule of law.  Thank you for standing against those who would transform that dream into a nightmare of wrongdoing and lawlessness. And thank you for your service to your communities, to your country, and to the cause of the law and justice.”

The Office of Sheriff: a descendant of an ancient and honorable tradition; an integral part of the American law enforcement system.