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Oregon Revised Statutes

Or. Rev. Stat. § 204.635 (2026)

Deputy sheriffs; special appointments; authority of deputy; liability of sheriff for certain deputies

✓ current as of May 2026
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      204.635 Deputy sheriffs; special appointments; authority of deputy; liability of sheriff for certain deputies. (1) A sheriff’s deputies shall be appointed by the sheriff in writing and continue during the pleasure of the sheriff. The sheriff of any county may appoint deputies in the county for the purpose only, and with authority only, to receive and serve summons and civil process in any suit or action. A certified copy of the appointment of a deputy sheriff shall be filed with the county clerk, and the person appointed shall, before entering upon the duties of the office, take and file with the county clerk the oath of office.

      (2) A sheriff may also, by special written appointment, authorize any other person to do any particular act. A certified copy of such appointment shall be filed with the county clerk, unless indorsed upon the process, order or other paper so authorized to be served or executed.

      (3) A deputy has the power to perform any act or duty that the principal has, and a person specially appointed to do a particular act has the same power in relation to the particular act authorized. The principal is responsible for the conduct of such deputy or person specially appointed except as provided in subsection (4) of this section.

      (4) In counties having a civil service system covering deputy sheriffs, the sheriff shall not be responsible for the conduct of deputy sheriffs or persons specially appointed as provided in subsection (2) of this section. [Amended by 1963 c.331 §12]

 

      204.640 [Repealed by 1981 c.48 §8]

 

      204.645 [Amended by 1953 c.306 §17; repealed by 1965 c.221 §27]

 

      204.650 [Repealed by 1981 c.48 §8]

 

      204.655 [Repealed by 1953 c.306 §18]

 

      204.660 [Repealed by 1953 c.306 §18]

 

      204.665 [Repealed by 1953 c.306 §18]

 

      204.670 [Repealed by 1953 c.306 §18]

 

      204.675 [Repealed by 1953 c.306 §18]

 

      204.680 [Repealed by 1953 c.306 §18]

 

      204.685 [Amended by 1961 c.559 §1; repealed by 1979 c. 492 §1]

 

      204.690 [Repealed by 1953 c.306 §18]

 

      204.695 [Repealed by 1953 c.306 §18]

 

      204.700 [Amended by 1963 c.519 §26; repealed by 1979 c.492 §1]

 

      204.801 [1953 c.306 §6; repealed by 1981 c.48 §8]

 

      204.805 [Repealed by 1981 c.48 §8]

 

      204.810 [Repealed by 1953 c.306 §18]

 

      204.815 [Repealed by 1953 c.306 §18]

 

      204.820 [Repealed by 1979 c.492 §1]

 

      204.825 [Repealed by 1953 c.306 §18]

 

      204.830 [Repealed by 1953 c.306 §18]

 

      204.835 [Repealed by 1953 c.306 §18]

 

      204.840 [Repealed by 1953 c.306 §18]

 

      204.845 [Repealed by 1979 c.492 §1]

 

      204.850 [Repealed by 1979 c.492 §1]

 

      204.855 [Amended by 1957 c.359 §2; 1963 c.519 §27; 1965 c.619 §36; repealed by 1979 c.492 §1]

 

      204.860 [Repealed by 1953 c.306 §18]

 

      204.865 [Repealed by 1953 c.306 §18]

 

      204.870 [Amended by 1963 c.519 §28; repealed by 1981 c.48 §8]

 

      204.905 [Amended by 1963 c.519 §29; repealed by 1979 c.492 §1]

 

      204.910 [Amended by 1959 c.53 §1; 1963 c.519 §30; repealed by 1979 c.492 §1]

 

      204.915 [Repealed by 1959 c.53 §3]

 

      204.920 [1955 c.441 §1; 1959 c.53 §2; 1963 c.519 §31; 1965 c.344 §28; 1979 c.190 §405; repealed by 1979 c.492 §1]

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Notes of Decisions
Cited in 10 cases, 1966–2017 · leading case: Graves v. Arnado, 768 P.2d 910 (Or. 1989).
Sort: Relevance Newest Treatment
Graves v. Arnado, 768 P.2d 910 (Or. 1989). · cites it 15× “601[ 2 ] and ORS 204.635[ 3 ] to appoint and/or terminate the employment of deputy sheriffs? Our answer is YES.”
State v. Davis, 239 P.3d 1002 (Or. Ct. App. 2010). · cites it 4× “010, and a sheriff is permitted to delegate his duties and authority to deputies, ORS 204.635(3). The deputy accessed defendant's driving records consistently with his governmental function of investigating to detect illegal activity.”
Circuit Court v. AFSCME Local 502-A, 669 P.2d 314 (Or. 1983). · cites it 2× “The court cited ORS 204.635(1) which was construed in Hockema v.”
Lucas v. Lake Cnty., 289 P.3d 320 (Or. Ct. App. 2012). · cites it 3× “Relying on ORS 204.635(3), which provides that “[a] deputy has the power to perform any act or duty that the principal has,” plaintiff posited that he “had the same duties as the Sheriff himself to procure the arrest and punishment of [the deputy]; and to secure the custody of…”
Brunick v. Clatsop Cnty., 129 P.3d 738 (Or. Ct. App. 2006). · cites it 2× “601; ORS 204.635; Graves v. Arnado, 307 Or 358, 362 , 768 P2d 910 (1989).”
Hockema v. Oregon State Employes Ass'n, 579 P.2d 282 (Or. Ct. App. 1978). · cites it 3× “650(18), see *530 Op Att’y Gen 181 (Or 1970), and his deputies are public employes, ORS 204.635. Affirmed. 1 ORS 204.635(1) and (3) provide: "(1) A sheriffs deputies shall be appointed by him in writing and continue during his pleasure.”
Barendrecht v. Clark, 419 P.2d 603 (Or. 1966). · cites it 2× “It is liable only if the trial court was correct in construing ORS 204.635 (4) as not being applicable to exonerate Clark.”
Circuit Court v. AFSCME, Local 502-A, 657 P.2d 1237 (Or. Ct. App. 1983). · cites it 5× “OSEA, 34 Or App 527 , 579 P2d 282 , rev den, 283 Or 235 (1978), the issue was whether a sheriff and his deputies were subject to PECBA, notwithstanding the *315 broadly stated authority over the employment of deputies that ORS 204.635 confers on sheriffs. ORS 204.”
John Todd v. Gale McMahon, 698 F. App'x 535 (9th Cir. 2017). “015 (defining a “[pjeace officer” as a member of the Oregon State Police, sheriff, or reserve officer); Or. Rev. Stat. § 204.635 (providing that sheriff may appoint deputies and may also by special written appointment authorize any other person to do any particular act).”
Daniel v. Bd. of Cnty. Commissioners, 157 P.3d 275 (Or. Ct. App. 2007). · cites it 3× “” Plaintiff also relies on ORS 204.635(1), which provides, “A sheriffs deputies shall be appointed by the sheriff in writing and continue during the pleasure of the sheriff.”
— Or. Rev. Stat. § 204.635(1) — 5 cases
Circuit Court v. AFSCME Local 502-A, 669 P.2d 314 (Or. 1983). “The court cited ORS 204.635(1) which was construed in Hockema v.”
Graves v. Arnado, 768 P.2d 910 (Or. 1989). “601[ 2 ] and ORS 204.635[ 3 ] to appoint and/or terminate the employment of deputy sheriffs? Our answer is YES.”
Hockema v. Oregon State Employes Ass'n, 579 P.2d 282 (Or. Ct. App. 1978). “650(18), see *530 Op Att’y Gen 181 (Or 1970), and his deputies are public employes, ORS 204.635. Affirmed. 1 ORS 204.635(1) and (3) provide: "(1) A sheriffs deputies shall be appointed by him in writing and continue during his pleasure.”
Circuit Court v. AFSCME, Local 502-A, 657 P.2d 1237 (Or. Ct. App. 1983). “OSEA, 34 Or App 527 , 579 P2d 282 , rev den, 283 Or 235 (1978), the issue was whether a sheriff and his deputies were subject to PECBA, notwithstanding the *315 broadly stated authority over the employment of deputies that ORS 204.635 confers on sheriffs. ORS 204.”
Daniel v. Bd. of Cnty. Commissioners, 157 P.3d 275 (Or. Ct. App. 2007). “” Plaintiff also relies on ORS 204.635(1), which provides, “A sheriffs deputies shall be appointed by the sheriff in writing and continue during the pleasure of the sheriff.”
— Or. Rev. Stat. § 204.635(3) — 3 cases
State v. Davis, 239 P.3d 1002 (Or. Ct. App. 2010). “010, and a sheriff is permitted to delegate his duties and authority to deputies, ORS 204.635(3). The deputy accessed defendant's driving records consistently with his governmental function of investigating to detect illegal activity.”
Lucas v. Lake Cnty., 289 P.3d 320 (Or. Ct. App. 2012). “Relying on ORS 204.635(3), which provides that “[a] deputy has the power to perform any act or duty that the principal has,” plaintiff posited that he “had the same duties as the Sheriff himself to procure the arrest and punishment of [the deputy]; and to secure the custody of…”
Graves v. Arnado, 768 P.2d 910 (Or. 1989). “601[ 2 ] and ORS 204.635[ 3 ] to appoint and/or terminate the employment of deputy sheriffs? Our answer is YES.”
— Or. Rev. Stat. § 204.635(4) — 1 case
Graves v. Arnado, 768 P.2d 910 (Or. 1989). “601[ 2 ] and ORS 204.635[ 3 ] to appoint and/or terminate the employment of deputy sheriffs? Our answer is YES.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.