Request By:
Joe Tom Haltom, President
Kentucky Sheriffs' Association
P.O. Box 57
Gilbertsville, Kentucky 42044
Opinion
Opinion By: Robert F. Stephens, Attorney General; Elizabeth E. Blackford, Assistant Attorney General
You have written to request an opinion regarding the sheriff's duties with reference to the transportation of prisoners from the jail to the district and circuit courts.
We are enclosing copies of OAG 74-171 and 60-131 which have dealt with this topic before. You will note that under those opinions, and the law cited therein, the primary responsibility for transporting prisoners from the jail to the courts rests on the jailer as an officer of the court pursuant to KRS 71.050. However, because the sheriff or his deputy is required to attend and keep order of any court of the courts of justice, and to obey all orders of the court pursuant to KRS 70.140, the sheriff or his deputy shall, upon a proper showing of need by the jailer, make his services available for such transportation of prisoners. There would be a proper showing of need when the jailer is not physically able to transport prisoners, or where there are security risks involved in the transportation of a prisoner.
This interpretation of the sheriff's duties is further supported by KRS 23A.090 which says the sheriff shall provide necessary security services to the circuit court, and by KRS 24A.140 which says the sheriff shall attend court, keep order and provide the same services to the district court that he gives to the circuit court.
Thus, a sheriff has the duty to transport prisoners from the jail to the circuit or the district court upon a proper showing of need by the jailer.