My sheriff has refused to transport defendants who have been arrested outside the county from warrants issued before indictment, unless the warrant originated in his office. He says local police agencies should bear the cost and personnel necessary to transport the defendants.

A quick check of Attorney General opinions shows that Letter Opinion 92-67 pretty much answers the question by saying the sheriff has the duty to go get the defendants. Has anyone had a Sheriff take a contrary position and offer any explanation?

[This message was edited by John Bradley on 03-28-03 at .]

No; my sheriff is a Great American and has never done such a thing!

Your sheriff may be reacting to situations where he retrieves an out-of-county prisoner and then there is a "no bill" or a "decline to file" decision. Perhaps he wants to make sure there is a valid case before picking up the prisoner. My sheriff calls me and I review the case to make sure it is worth the time and expense to pick up the prisoner. However, you have a greater caseload and this may not be a workable solution for you.

Sure appears that your Sheriff is threatening to neglect his duty under art. 15.20. As the budget problem works its way from the national to the state to the local level, one can forsee a lot of these types of squabbles arising. I guess the sheriff can at least say he has up to 10 days to convince the other agency to drop its charge or confirm the case is a keeper. In the meantime the taxpayers of the county of arrest will pay to house your prisoner and for appointed counsel. I would suggest a mechanism be established for reducing the bail of these types of prisoners. True, you may never find them again, but transportation costs are saved, and it will be easy to fill up the prisons with bail jumpers.