Title 11, Counties

Annually, on the first day of July, the county treasurer shall: 1. File with the county superintendent of schools an itemized statement of all funds remitted by the treasurer during the preceding school year to the business manager of each school district in the county. 2. Send t…

The county treasurer shall deliver to the business manager of the school district, at the time of making other regular payments to the business manager, a duplicate tax receipt for all amounts credited as an endorsement upon, or in payment of, any school district warrant, and the…

The county treasurer shall pay over to the treasurer of the state, and to any municipal corporation or organized township, or to any body politic, on the order of the county auditor, all moneys received by the treasurer arising from taxes levied and collected, belonging to the st…

The county treasurer, on any settlement with the board of county commissioners, shall not be credited with any sum paid for interest on any warrant or order unless, at the time of receiving the same, the treasurer shall have noted on the warrant or order the amount of interest du…

If a county treasurer fails to make return and settlement, or fails to pay over all money with which the treasurer stands charged, at the time and in the manner prescribed by law, the county auditor, on receiving instructions for that purpose from the board of county commissioner…

A county treasurer shall not either directly or indirectly contract for or purchase any warrant or other evidence of indebtedness issued by the county of which the person is treasurer at any discount upon the sum due thereon. If a county treasurer shall contract for or purchase a…

If any county treasurer shall loan any money belonging to the treasurer's county, with or without interest, or shall use the same for the treasurer's own purposes, the treasurer shall forfeit and pay, for every such offense, not more than five hundred dollars nor less than one hu…

When the county treasurer goes out of office, the treasurer shall make a full and complete settlement with the board of county commissioners, and shall deliver up all books, papers, moneys, and all other property pertaining to the office to the treasurer's successor, taking a rec…

Except as otherwise specifically provided by state law, the sheriff must be a qualified elector in the county in which the sheriff is elected. Within one year after taking office, the sheriff shall attend the sheriffs' school on civil process for one week, and unless already lice…

The sheriff may appoint and qualify special deputies in such numbers as are required by the conditions. Each special deputy shall receive compensation for services rendered and the same mileage allowance as regular deputies, which must be paid by the county within the limits of f…

1. The sheriff shall: a. Preserve the peace. b. Arrest and take before the nearest magistrate, or before the magistrate who issued the warrant, all persons who attempt to commit or who have committed a public offense. c. Prevent and suppress all affrays, breaches of the peace, ri…

A sheriff shall execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceeding upon which they were issued.

The sheriff executing any process, at all times, so long as the sheriff retains it, must show the same, upon request, with all papers attached, to any person interested therein.

Whenever, pursuant to the laws of this state, the sheriff is required to serve or execute any summons, order, or judgment, or to do any other act, the sheriff shall be bound to do so in like manner as upon process issued to the sheriff and shall be liable equally in all respects …

The sheriff shall charge and collect the following fees on behalf of the county: 1. For serving a summons, writ of attachment, writ of execution, subpoena, notice of motion, or other notice or order of the court, order of replevin, injunctional order, citation, or any other mesne…

1. Except as provided in section 11-15-09, the sheriff is entitled to collect commissions on behalf of the county on all moneys received and disbursed by the sheriff on an execution, order of sale, order of attachment, requisition in claim and delivery, or decree for the sale of …

When the person in whose favor an execution or order of sale has been issued by the court bids in the property sold under the execution or pursuant to the judgment, the sheriff or other person making the sale shall collect on behalf of the county either of the following fees, and…

Unless otherwise ordered by the court, the sheriff shall receive the actual expense incurred for taking, transporting, keeping possession of, and preserving property taken under an attachment, execution, or other process. No keeper is entitled to receive more than five dollars pe…

A sheriff or deputy, for each mile [1.61 kilometers] actually and necessarily traveled within this state in the performance of official duties, is entitled to reimbursement for mileage expenses in accordance with section 11-10-15.

When a sheriff or other officer serves a summons, subpoena, bench warrant, venire, or other process in any action to which the state or any county is a party, the officer shall endorse upon the writ or process, or upon a paper attached thereto, at the time the officer makes the r…

In civil actions, the sheriff shall collect the sheriff's fees in advance. Upon a request for cancellation of a civil action, the sheriff may retain up to twenty dollars of the collected fee. At the expiration of each month, the sheriff shall make a report, verified by the sherif…

The return of the sheriff upon any process or notice is prima facie evidence of the facts stated in such return.

Except as otherwise provided by law or order of the court, if the sheriff to whom a writ of execution or attachment is delivered neglects or refuses to levy upon or sell any property of the party charged in the writ which is liable to be levied upon or sold, which has been made k…

Except as otherwise provided by law or order of the court, if the sheriff does not return a notice or process with the necessary endorsement thereon without delay, or within the time limit required by law, the sheriff is liable to the party aggrieved for all damages sustained by …

Except as otherwise provided by law or order of the court, if the sheriff neglects or refuses to pay over on demand to the persons entitled thereto any money which came into the sheriff's hands by virtue of the sheriff's office, after deducting the sheriff's fees, expenses, or co…

An action cannot be maintained against the sheriff for a rescue, or for an escape of a person arrested upon an execution or commitment, if, after the person's rescue or escape and before the commencement of the action, the prisoner returns to the jail or is retaken by the sheriff…

Service of a paper, other than a process, may be made upon the sheriff by delivering it to the sheriff, to one of the sheriff's deputies, or to a person in charge of the office during office hours, or, if no such person is there, by leaving it in a conspicuous place in the office…

In all actions or proceedings to which the sheriff is a party, by virtue of office or otherwise, the coroner or other peace officer of the county may serve all necessary process on the sheriff and make return thereon, and the return of the officer making service has the same cred…

The sheriff of each county shall conduct to the penitentiary all persons convicted in the county and sentenced to be confined in the penitentiary as soon as may be after conviction. The sheriff may conduct patients to the state hospital when directed to do so by the district cour…

A sheriff or the sheriff's deputy shall receive for transporting persons committed to the custody of the department of corrections and rehabilitation or to the state hospital the mileage prescribed in this chapter. The sheriff or deputy shall utilize the least expensive method of…

A sheriff or a sheriff's deputy shall receive the expenses incurred in the return of any person who has escaped from a state facility. Those expenses must be paid in amounts as provided by law for state officials, except that the mileage paid must be that regularly paid to the sh…

The sheriff shall deliver a person sentenced to be confined in the penitentiary to the warden of the penitentiary together with a certified copy of the judgment and sentence of the court ordering the imprisonment. The warden shall deliver to the sheriff a receipt in which the war…

No sheriff, deputy sheriff, or employee in the sheriff's office, while holding such office or employment, may accept for collection, collect, or attempt to collect from any person, firm, or association within the county for pay, profit, or remuneration any note, account, or claim…

The board of county commissioners in each county shall provide funding of at least three hundred fifty dollars per individual per year for uniforms for the sheriff and each sheriff's deputy. The sheriff may expend the funds for uniforms as the sheriff deems necessary and is not l…

The attorney general with the advice of interested parties and associations shall prescribe a standard uniform for sheriffs and full-time deputy sheriffs.

The uniforms and parts thereof purchased by the board of county commissioners must be returned to the sheriff's office upon termination of employment of each sheriff and sheriff's deputy.

The sheriff shall notify the bureau of criminal investigation of any civil protection order issued against an individual in the sheriff's county under chapter 14-07.7 within twenty-four hours of issuance. The notice must include any information required by the bureau of criminal …

1. A county law enforcement officer employed by a county has jurisdiction within that county and up to one thousand five hundred feet [457.2 meters] outside the county. 2. A county law enforcement officer in fresh pursuit may enter another county and may continue within that coun…

1. The state's attorney is the public prosecutor, and shall: a. Attend the district court and conduct on behalf of the state all prosecutions for public offenses. b. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public …

Except as provided in this section, the county and state offices performing restitution collection and enforcement activities as of April 1, 2001, shall continue to perform those activities. In counties in which a county office performs those activities, a county may transfer res…

The state's attorney may appoint assistant state's attorneys, who, when qualified by filing the required oath of office, shall have the same powers as, and shall perform any and all duties required of, the state's attorney. The state's attorney is responsible, under the state's a…

Any person who shall receive duplicate receipts from the state's attorney for moneys paid to the state's attorney shall file one copy of each such receipt in the office of the county treasurer.

Whenever the state's attorney shall refuse or neglect to account for or pay over the public moneys received by the state's attorney, the state's attorney is guilty of an infraction.

The state's attorney shall not: 1. Present a claim, account, or other demand for allowance against the county, except for the state's attorney's own services, nor in any way advocate the relief asked for by the claim or demand of another. 2. Be eligible to or hold any state or fe…

If it shall appear, by affidavit or otherwise, to the satisfaction of a judge of the district court of the judicial district in which the county is situated, that the county has no state's attorney, or that the state's attorney is absent or unable to attend to the state's attorne…

The judge of the district court may appoint special counsel to assist the state's attorney in any important case. The county for which the services were rendered shall pay such special counsel a reasonable fee therefor to be approved by the court.