ORS 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]

Source: Section 204.635 — Deputy sheriffs; special appointments; authority of deputy; liability of sheriff for certain deputies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors204.­html.

Notes of Decisions

County, by adopting personnel rules, could impose conditions of due process or cause on sheriff’s authority under this section and ORS 204.601 to appoint or terminate employment of deputy sheriffs. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)

Where sheriff retains full authority under this section and ORS 204.601 and is liable for conduct of deputy, sheriff’s statutory authority to appoint or terminate employment of deputies may not be limited by predecessor sheriff’s action. Graves v. Arnado, 307 Or 358, 768 P2d 910 (1989)

Law Review Citations

51 OLR 48 (1971)

Green check means up to date. Up to date

Current through early 2024

§ 204.635’s source at oregon​.gov