Courthouse — Sheriff's Power and Duties

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  5. Courthouse — Sheriff's Power and Duties

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    1. The sheriff has charge of the courthouse, unless some other person is specially appointed by the county legislative body for that purpose, and shall prevent trespasses, exclude intruders, and keep it and the grounds attached thereto in order, reporting from time to time the repairs required, and the expense, to the county legislative body.
    2. Beginning July 1, 2008, deputy sheriffs newly assigned to courts pursuant to §§ 8-8-201(a)(2)(A), 16-15-715, and 37-1-213 shall participate in forty (40) hours of basic training in courthouse security within twelve (12) months of assignment to that duty. Every year thereafter the deputies shall participate in a minimum of sixteen (16) hours of training specific to courthouse security that has been approved by the peace officers standards and training commission.
  2. It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom while such county legislative body is in session.

Code 1858, § 413; Shan., § 505; Code 1932, § 757; Acts 1961, ch. 244, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-708; Acts 2008, ch. 1152, § 1.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 24.32.

Tennessee Jurisprudence, 24 Tenn. Juris., Vendor and Purchaser, § 3.

Attorney General Opinions. Courthouse security, OAG 97-117, 1997 Tenn. AG LEXIS 150 (9/02/97).

Although T.C.A. §16-2-505(d)(2) does not expressly authorize the court security committee to adopt any measures with regard to courthouse security, it is reasonable to infer that the committee may put into effect security measures affecting the security of space and facilities provided to state trial judges, so long as these measures do not require county expenditures; these measures may affect general sessions courtrooms and personnel, as well as the personnel of other offices located in the courthouse, if the measures are reasonably related to ensuring security of space and facilities provided to state trial judges, OAG 02-052, 2002 Tenn. AG LEXIS 72 (4/24/02).

County security officers employed as campus, housing, airport and other local security officers, are required to be certified under T.C.A. §5-7-118, OAG 03-095, 2003 Tenn. AG LEXIS 111 (7/28/03).

Appointment of court officer authorized to carry weapon in courtrooms; required training, qualifications, etc.  OAG 10-77, 2010 Tenn. AG LEXIS 83 (6/1/10).

POST certification of bailiffs and court officers.  OAG 10-107, 2010 Tenn. AG LEXIS 113 (10/28/10).

County courthouse security and dress rules.  OAG 12-107, 2012 Tenn. AG LEXIS 111 (11/26/12).


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