Every sheriff shall have power to appoint one or more deputies to assist him in carrying out the duties of his office, every such appointment to be in writing, to remove them at pleasure, and to fix their compensation, subject to the budget for the sheriff's office approved by the county board of supervisors. Such deputies shall have authority to do all the acts and duties enjoined upon their principals. Every deputy sheriff, except such as may be appointed to do a particular act only, before he enters on the duties of office, shall take and subscribe an oath faithfully to execute the office of deputy sheriff, according to the best of his skill and judgment. The appointment, with the certificate of the oath, shall be filed and preserved in the office of the clerk of the board of supervisors. All sheriffs shall be liable for the acts of their deputies, and for money collected by them. The circuit court, after a notice and a hearing, shall have power to remove such deputies and also bailiffs, upon a showing that the public interest will be served thereby. Each deputy sheriff shall be at least twenty-one (21) years of age, a qualified elector of the State of Mississippi, and shall not have been convicted of a felony. Prior to appointing any person a deputy sheriff, the sheriff shall determine that the proposed appointee is of good moral character and is capable of fairly and impartially enforcing the law of the State of Mississippi.
Codes, Hutchinson's 1848, ch. 28, art 3 (6); 1857, ch. 6, art 115; 1871, § 221; 1880, § 326; 1892, § 4112; 1906, § 4664; Hemingway's 1917, § 3081; 1930, § 3310; 1942, §§ 4232.5, 4235; Laws, 1968, ch. 369, §§ 3, 8; Laws, 1988, ch. 463, eff. 10/1/1988.
Notes of Decisions
Tyrone Lewis v. Hinds Cnty. Circuit Court, 158 So. 3d 1117 (Miss. 2015).
· cites it 48× “Whether Mississippi Code Section 19-25-19 authorizes a sheriff to appoint, assign, and compensate bailiffs without the express permission of the circuit court. ¶ 8.”
Moore v. Carroll Cnty., Miss., 960 F. Supp. 1084 (N.D. Miss. 1997).
· cites it 12× “That section provides that “[a]ll sheriffs shall be liable for the acts of their depu-ties_” Miss.Code Ann. § 19-25-19 (1972). The plaintiff asserts that this section precludes an award of immunity to Downs.”
Oden v. Oktibbeha Cnty. MS, 246 F.3d 458 (5th Cir. 2001).
· cites it 2× “See Miss. Code Ann. 19-25-19. Sheriff Bryan was solely responsible for hiring, promoting, and establishing the deputies' wages.”
Amerson v. State, 648 So. 2d 58 (Miss. 1994).
· cites it 6× “Sheriff Miller testified that Deputy Young had not yet attended the law enforcement training academy as required by Miss. Code Ann. § 19-25-19 within *60 one year of appointment.”
Stevenson v. State, 733 So. 2d 177 (Miss. 1998).
· cites it 6× “Stevenson argues that Koerper was not a deputy sheriff, under Miss.Code Ann. § 19-25-19 (1972), which provided as follows: Every sheriff shall have power to appoint one or more deputies to assist him in carrying out the duties of his office, every such appointment to be in…”
Barrett v. Miller, 599 So. 2d 559 (Miss. 1992).
· cites it 4× “Under Miss. Code Ann. § 19-25-19 (Supp. 1991) Sheriff Miller may be held liable for damages.”
Jackson v. Payne, 922 So. 2d 48 (Miss. Ct. App. 2006).
· cites it 9× “§ 19-25-19 IS A SPECIFIC WAIVER OF IMMUNITY FOR THE SHERIFF'S DEPARTMENT, TO INCLUDE THE SHERIFF AND HIS DEPUTIES, AND WAS NOT REPEALED BY THE BROADER TORT CLAIMS ACT.”
Brown v. Thompson, 927 So. 2d 733 (Miss. 2006).
· cites it 2× “Section 19-25-19 states that "[e]very sheriff shall have power to appoint one or more deputies to assist in carrying out the duties of his office" and "to remove them at pleasure, and to fix their compensation, subject to *738 the budget for the sheriff's office approved by the…”
Wilcher v. State, 863 So. 2d 776 (Miss. 2003).
“2d 756, 768 (5th Cir.1983). However, the district court held Warren liable for damages under a Mississippi statute which provides that "[a]ll sheriffs shall be liable for the acts of their deputies, and for money collected by them.”
Barfield v. Madison Cnty., Miss., 984 F. Supp. 491 (S.D. Miss. 1997).
· cites it 4× “” Miss.Code Ann. § 19-25-19. The district court’s opinion makes no finding concerning Sheriff’s Bonner’s status as an employer under the FLSA.”
Wilcher v. State, 863 So. 2d 719 (Miss. 2003).
“2d 756, 768 (5th Cir.1983). However, the district court held Warren liable for damages under a Mississippi statute which provides that "[a]ll sheriffs shall be liable for the acts of their deputies, and for money collected by them.”
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