The treasurer, the sheriff, the commissioner of the revenue, and the clerk of any circuit court may at the time he qualifies as provided in § 15.2-1522 or thereafter appoint one or more deputies, who may discharge any of the official duties of their principal during his continuance in office, unless it is some duty the performance of which by a deputy is expressly forbidden by law. The sheriff making an appointment of a deputy under the provisions of this section may review the record of the deputy as furnished by the Federal Bureau of Investigation prior to certification to the appropriate court as provided hereunder.
The sheriff may appoint as deputies medical and rehabilitation employees as are authorized by the State Compensation Board. Deputies appointed pursuant to this paragraph shall not be considered by the State Compensation Board in fixing the number of full-time or part-time deputies which may be appointed by the sheriff pursuant to § 15.2-1609.1.
The officer making any such appointment shall certify the appointment to the court in the clerk's office of which the oath of the principal of such deputy is filed, and a record thereof shall be entered in the order book of such court. Any such deputy at the time his principal qualifies as provided in § 15.2-1522 or thereafter, and before entering upon the duties of his office, shall take and prescribe the oath now provided for in § 49-1. The oath shall be filed with the clerk of the court in whose office the oath of his principal is filed, and such clerk shall properly label and file all such oaths in his office for preservation. Any such deputy may be removed from office by his principal. The deputy may also be removed by the court as provided by § 24.2-230.
Code 1950, § 15-485; 1952, c. 112; 1962, c. 623, § 15.1-48; 1971, Ex. Sess., c. 155; 1972, c. 549; 1976, c. 199; 1979, c. 660; 1997, c. 587.
Notes of Decisions
Mark McCaffrey v. Michael Chapman, 921 F.3d 159 (4th Cir. 2019).
· cites it 3× “32 duties of their principal,” see Va. Code Ann. § 15.2-1603 (emphasis added), but empower the sheriff to set “the terms and conditions” for the appointment of his deputies, see id.”
South v. Commonwealth, 623 S.E.2d 419 (Va. Ct. App. 2005).
· cites it 6× “2-1733, and auxiliary deputy sheriffs under Code § 15.2-1603. Yet subsection E conspicuously omits any reference either to federal officers generally or to those specifically subject to reciprocal agreements under Code § 15.”
Williams v. McDonald, 69 F. Supp. 2d 795 (E.D. Va. 1999).
· cites it 10× “In Virginia, certain constitutional officers are authorized to appoint deputies pursuant to Virginia Code § 15.2-1603. The treasurer, the sheriff, the commissioner of the revenue, and the clerk of any circuit court may at the time he qualifies as provided in § 15.”
Clinchfield Coal Co. v. Robbins, 541 S.E.2d 289 (Va. 2001).
· cites it 2× “” Code § 15.2-1603 provides that a commissioner of revenue may “appoint one or more deputies, who may discharge any of the official duties of their principal during his continuance in office.”
Hussein v. Miller, 232 F. Supp. 2d 653 (E.D. Va. 2002).
· cites it 2× “Even though the jurisdiction of the Commissioner is limited to the boundaries of the county or city over which he presides, “deputies appointed by constitutional officers pursuant to Virginia Code § 15.2-1603 are not employees of the local governing body.”
Cline v. Commonwealth, 675 S.E.2d 223 (Va. Ct. App. 2009).
“2-217, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§…”
Kaufmann v. Foley, No. 7:21-cv-00511 (W.D. Va. Dec. 7, 2022).
· cites it 6× “Va. Code §§ 15.2-1603; 24.2-230; see also McCaffrey v.”
Unger v. Carter, No. 5:25-cv-00029 (W.D. Va. Aug. 28, 2025).
· cites it 5× “) First, Unger states that Virginia Code § 15.2-1603 “mandates that deputies ‘shall obey [the sheriff’s] instructions’ and creates the chain of command in sheriff’s offices.”
Butler v. Williams, No. 3:19-cv-00950 (E.D. Va. May 21, 2020).
· cites it 4× “” Va. Code § 15.2-1603. And“[a]ny such deputy may be removed from office by his principal” —in this case, Williams.”
Carter v. Hunt, 83 Va. Cir. 265 (Franklin Cir. Ct. 2011).
· cites it 6× “While the terms of a deputy’s employment or other forces may compel him to carry out that duty on behalf of the sheriff, the sheriff remains statutorily responsible.”
Fowler v. Stolle, 697 F. Supp. 3d 457 (E.D. Va. 2023).
· cites it 3× “Code § 15.2-1603). In addition, the court observed that “a sheriff in Virginia is civilly and criminally liable for the acts of his deputy.”
Hatcher v. Hines, No. 3:23-cv-00325 (E.D. Va. Mar. 18, 2024).
· cites it 2× “See Va. Code Ann. §§ 15.2-1603 , -1604. But the facts as pled by Hatcher demonstrate a joint-employer relationship between Sheriff Hines and the County.”
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