Request By:
Mr. Paul F. Purvis
Boyd County Judge Executive
P.O. Box 423
Catlettsburg, Kentucky 41129
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your letter relates to four (4) special bailiffs waiting on the district and circuit courts in Boyd County.
KRS 454.145 reads:
"The court, for good cause, may appoint a person to serve a particular process or order, and he shall have the same power to execute it which a sheriff has. His return must be verified by his affidavit. He shall be entitled to the fees allowed to sheriffs for similar services."
KRS 454.145 has nothing to do with the sheriff. Under that statute the court, for good cause, may appoint a special bailiff to serve a particular process or order. The statute in no way envisions a general or continuing appointment. In fact, the court's order of appointment must spell out with particularity or specificity the particular process or order or particular processes or orders if more than one. When the particular process or processes or orders have been executed, and proper return made, the appointment as special bailiff is at an end. See also KRS 64.092(2).
Question No. 1: Are special bailiffs county employees?
Under KRS 64.092(6), such special bailiffs are each entitled to ten dollars ($10) for the first three (3) hours of service in a single day. For service beyond three (3) hours, such additional service shall be compensated at the current federal minimum wage, which is $3.35 per hour.
The special bailiff is a part of the Court of Justice. He is not a county employee. See McGaughey v. Continental Ill. Nat. B & T Co. of Chicago, Ky., 419 S.W.2d 139 (1967); and Lillard v. Branin, 91 Ky. 511, 16 S.W. 349 (1891). While the appointment of special bailiff may be made because of an insufficiency of deputy sheriff staff, there is no statute authorizing the fiscal court to assume any responsibility in connection with special bailiff appointments.
See also the special bailiff appointment by the court in a felony case, pursuant to KRS 421.135.
Question No. 2: Is the Boyd County Fiscal Court responsible for paying their retirement. The answer is "no". We find no statute requiring fiscal court to pay on such retirement of these periodic appointees.
Question No. 3: Do they qualify for other fringe benefits, paid holidays, vacation and sick leave? The answer is that this is academic for the county, since it has no responsibility in that regard.
Question No. 4: Does the sheriff have to pay them the extra seventy-eight ($78) dollars per month from the excess fees? The sheriff is not authorized to pay them anything. He has no connection with them.
Question No. 5: Is the sheriff responsible for anymore hours other than waiting on the court, or service to the court?
Under KRS 24A.140, generally, the sheriff is responsible for attending court and keeping order. KRS 23A.090 requires the sheriff of the county in which the circuit court is sitting to provide deputies and equipment for security services to the court and its facilities. That statute emphasizes security services necessary other than the mere keeping of order under KRS 24A.140.
Anyone interested in the funding of the special bailiff should first take it up with the Administrative Office of the Courts.