Office of Sheriff
The Office of Sheriff is created by the Wisconsin Constitution (Article VI, Section 4). It is an elected office in each county with a four-year term. Consequently, the Sheriff is a constitutional officer who is the Chief Law Enforcement Officer of the County. The Sheriff’s duties are varied and for the most part, defined by the Wisconsin Statutes. These duties include, but are not limited to, maintaining the peace, running the jail, and serving both criminal and civil process.
The Office of Sheriff has certain unique duties, powers, and responsibilities different from other law enforcement agencies. Some of these include (Wis. Stat. § 59.26 - 59.29):
- The Sheriff shall have command of the law enforcement force of the County.
- Take the charge and custody of the jail maintained by the county, including any portion of the jail that is used by the County in a joint government building, and the persons in the jail, and keep the persons in the jail personally or by a deputy or jailer.
- Keep a true and exact register of all prisoners committed to the jail.
- Attend upon the circuit court held in the County during its session.
- The Sheriff, by the Undersheriff or deputies, serve or execute all processes, writs, precepts, and orders issued or made by lawful authority and delivered to the Sheriff.
- To enforce in the County all general orders of the department of safety and professional services relating to the sale, transportation, and storage of explosives.
- Conduct operations within the County and in waters of which the County has jurisdiction for the rescue of human beings and for the recovery of human bodies.
- Enforce all city, or village ordinances in a city or village(s), in which the sheriff provides law enforcement services under a contract described under Wis. Stat. §62.13(2s)(a).
- The Sheriff, Undersheriff, and deputies shall keep and preserve the peace in the County and quiet and suppress all affrays, routs, riots, unlawful assemblies, and insurrections; for which purpose, and for the service of processes in civil or criminal cases and in the apprehending or securing any person for felony or breach of the peace they may call to their aid such persons or power of the County as they consider necessary.
- County law enforcement agencies may request the assistance of law enforcement personnel or may assist other law enforcement agencies as provided bylaw.
- The Sheriff or other officer who has legally arrested any person in any county may pass across and through such parts of any other county or counties as are in the ordinary route of travel from the place where such person was arrested to the place where the person is to be conveyed, according to the command of the process by which such arrest was made.
- The Sheriff has the power to call a posse comitatus (68 Atty. Gen. 334).
- The Sheriff can, on a case-by-case basis, assert leadership, control, and direction by reason of his/her superior position as chief law enforcement officer of the County. It is the duty of the local police officers to cooperate. Local law enforcement personnel are subject to the command of the Sheriff even when acting with in them municipal boundaries when the Sheriff exercises a call to aid under Wis. Stat. § 59.28(1). The Sheriff has concurrent authority with local law enforcement personnel regardless of municipal boundaries (61 OAG 79).
- Perform all other duties required of the Sheriff bylaw.
Important LinksTo See:
US DEPARTMENT OF JUSTICE
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
HSI Victim Notification Program (ICE)