57.010. Election — qualifications — certificate of election — sheriff to hold valid peace officer license, when. — 1. At the general election to be held in 1948, and at each general election held every four years thereafter, the voters in every county in this state shall elect some suitable person sheriff. No person shall be eligible for the office of sheriff who has been convicted of a felony. Such person shall be a resident taxpayer and elector of said county, shall have resided in said county for more than one whole year next before filing for said office and shall be a person capable of efficient law enforcement. When any person shall be elected sheriff, such person shall enter upon the discharge of the duties of such person's office as chief law enforcement officer of that county on the first day of January next succeeding said election.
2. No person shall be eligible for the office of sheriff who does not hold a valid peace officer license pursuant to chapter 590. Any person filing for the office of sheriff shall have a valid peace officer license at the time of filing for office. This subsection shall not apply to the sheriff of any county of the first classification with a charter form of government with a population over nine hundred thousand or of any city not within a county.
3. The sheriff of any city not within a county shall be required to hold a valid peace officer license pursuant to chapter 590 within two years of being elected as sheriff.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1957–2021 · leading case:
Magruder v. Petre, 690 S.W.2d 830 (Mo. Ct. App. 1985).
Magruder v. Petre, 690 S.W.2d 830 (Mo. Ct. App. 1985).
· cites it 18× “At all times herein mentioned there was in the statute books section 57.010, relating to the qualifications for county sheriff.”
Lewis v. Gibbons, 80 S.W.3d 461 (Mo. 2002).
· cites it 4× “010 (prosecuting attorney shall have been a "bona fide resident of the county in which he seeks election for twelve months next preceding the date of the general election"); section 57.010 (sheriff "shall have resided in said county for more than one whole year next before…”
State ex inf. Peach v. Goins, 575 S.W.2d 175 (Mo. 1978).
· cites it 15× “The brief of the relator filed in this court essentially contends (1) that the respondent should be ousted because he has become disqualified from holding the office of sheriff under the provisions of either § 57.010 or § 557.490, or both, (2) that a finding of guilt and…”
Overbay v. Lilliman, 572 F. Supp. 174 (W.D. Mo. 1983).
· cites it 4× “It is true as the defendant County points out, that in Missouri sheriffs are elected by the people of the county and not selected by the county court, Mo.Rev.Stat. § 57.010, and that deputies are selected and salaries set by agreement between the sheriff and the circuit court of…”
Robert Curtis v. Christian Cnty., Missouri, 963 F.3d 777 (8th Cir. 2020).
“To determine whether deputy sheriffs in Missouri “hold confidential or policymaking positions for which political loyalty is necessary to an effective job performance,” id.”
Baker v. Stone Cnty., Mo., 41 F. Supp. 2d 965 (W.D. Mo. 1999).
“§ 57.010. 29. Defendant Lonnie Mease was elected to the position of Sheriff of Stone County, Missouri in 1988, and held that position for two terms until December 31,1996.”
United States v. Presley, 667 F. Supp. 678 (W.D. Mo. 1987).
· cites it 2× “The Government contends, however, that defendant is also ineligible for service as a sheriff (§ 57.010, RSMo) or in the State Highway Patrol (§ 43.”
Charlier v. Corum, 774 S.W.2d 518 (Mo. Ct. App. 1989).
“Unquestionably, the sheriff is an office created by § 57.010. The duties imposed upon the sheriff by § 57.”
Stemmler v. Einstein, 297 S.W.2d 467 (Mo. 1957).
· cites it 2× “Sections 57.010 to 57.200. Consequently, if and when Jackson County adopts special charter government, it could meet the requirements of Section 18(b) that it "provide * * * for the exercise of all powers and duties of counties and county officers prescribed by the constitution…”
State ex rel. Thompson v. Simmons, 499 S.W.2d 819 (Mo. Ct. App. 1973).
· cites it 2× “This issue of eligibility vel non was determinable under § 57.010, RSMo 1969, V.A.M.S. which requires that the sheriff in any county in this state “shall be a resident taxpayer and elector of said county [and] shall have resided in said county for more than one whole year next…”
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