AGO 1951-53 No. 31.

• Case Date: May 02, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 31. May 2, 1951[Orig. Op. Page 1]PRIVATEDEPUTY SHERIFFS, JAILERS, SALARY.The salary of the sheriff's jailer is set, like other deputies, by the county commissioners.Honorable Don G. AbelProsecuting Attorney, Grays Harbor CountyAberdeen, WashingtonCite as: AGO 1951-53 No. 31Attention: Mr. Paul Fournier, Deputy Dear Sir: You have inquired whether: A sheriff's deputy, utilized partially as a jailer, may be paid as a regular deputy sheriff. We conclude that he can. ANALYSIS Rem. Rev. Stat. § 10195 (P.P.C. § 680-11) provides: "The sheriff, * * * shall have charge of the county jail of his proper county and of all persons by law confined therein, * * *" subject to proper rules and regulations promulgated by the county judge or judges. Rem. Rev. Stat. § 10203 (P.P.C. § 680-27) provides: "The jailer or keeper of the jail, unless the sheriff elect to act as jailer in person, shall be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering [Orig. Op. Page 2] upon the duties of his office, and shall be paidby the sheriff for his services as jailer and not by the county; provided, the sheriff shall in all cases be liable for the negligence and misconduct of the jailer as of other deputies." (Emphasis supplied). Rem. Rev. Stat. § 4160 (P.P.C. § 492-3) provides: "Each sheriff may appoint as many deputies as he may think proper, for whose official acts he shall be responsible to the amount of their [his] bond, and may revoke such appointments at his pleasure; and persons may also be deputed by any sheriff in writing to do particular acts; and the sheriff shall be responsible on his official bond for the default or misconduct in office of his deputies." Rem. Rev. Stat. § 10186 (P.P.C. § 680-29) Laws of 1881 provide: "Whenever the board of county commissioners of any county of the state of Washington deem it necessary for the sheriff of any county to employ assistance for the safekeeping of any person or persons in custody of said sheriff on criminal charge or otherwise it shall be lawful for said commissioners to authorize said sheriff to employ one or more jailers for such purpose, and said county shall pay said jailer quarterly out of any funds in the county not otherwise appropriated: Provided, such compensation shall in no caseexceed...