The origin of the office of sheriff is believed to be derived from the ancient English concept of the King’s appointee whose task it was to collect taxes and assure that peace was maintained within the particular area under his jurisdiction. This region was called a "shire," and the representative of the King was known as a "reef." This has evolved through the years to the present form of "sheriff."

Those arriving from England to settle this new continent during the 15th and 16th Centuries brought the concept with them and, in most cases, divided the state into counties. The representative of the county government designated to execute directives of the governing body, orders of the courts and assure peace within the region was called the sheriff.

The Sheriff became more than a mere executive arm of civil courts during the settling of the western United States. The communities were small and widely spaced apart; the settlers were hardly affluent enough to support a state police force, so the responsibility of policing the residents and visitors fell upon the local Sheriff. Gradually, as towns grew and prospered, local government demanded more services from the Sheriff than he or she could provide. The result was the formation of city police departments. In most states, the Sheriff then became a mere arm of the court, serving civil processes upon the residents of the county. In some of the states, however, the Sheriff functions as the sole law enforcement body in the areas of the county not incorporated as cities. California, not having a State Police to provide enforcement services in the unincorporated sections of the state, is one of the states in which the Sheriff functions as the chief law enforcement official and is charged with law enforcement and public protection outside the corporate cities.

The Office of Sheriff was provided for by the California Constitution of 1849. The statutes of 1850 established the office in the ten existing counties and when Fresno County was created in 1856, the provisions concerning the Office of Sheriff were made applicable to it.

The Sheriff of Fresno County was also designated Tax Collector, acting in that capacity distinctly and separately from his duties and responsibilities as County Sheriff. In 1861, the Board of Supervisors established the Office of Tax Collector and the Sheriff was appointed ex-officio to that position, continuing to perform both duties. In 1880, the state legislature separated the offices of Tax Collector and sheriff, but authorized the counties to consolidate the two by Ordinance. Fresno County did not avail itself of the provision.

 Through the years the Sheriff of Fresno County has assumed many varied duties and responsibilities through mandate of the Supervisors. In 1860, the Board of Supervisors decided that, "since the county has become more civilized, the Sheriff need no longer accompany the Assessor on his rounds." Apparently the "civilized era" was short lived; the decision was reversed the following year and the Sheriff was again required to act as bodyguard for the Assessor.

Since 1935, the California Sheriffs’ have been placed under the direct supervision of the Attorney General of the state. He or she may, if the public interest so requires, substitute some competent person for any Sheriff in the investigation and detection of a particular crime. A person so appointed exercises all the powers of a Sheriff with respect to this particular matter.

According to the general provisions of the law, the term of Office of Sheriff was fixed originally at two years. When the County of Fresno was established these provisions went into effect until 1880 when the term was increased to four years. In 1883 it was again reduced to two years; returned to four years in 1891, and reduced to two years in 1893. Since 1897, the term has been fixed at four years.

If a vacancy occurs in the Office of Sheriff, the Board of Supervisors may appoint someone to complete the remainder of the term.

The Sheriff is authorized to command, as deputies, as many inhabitants of his county as are necessary to assist him in the execution of his duties. Such summoned inhabitants are known as members of a posse or posse comitatus. They have the power of deputy sheriffs.

The courts take judicial notice that, almost from the beginning of the state government, one of the deputies in the office of the Sheriff in each of the counties has been designated as the undersheriff, and that he or she possesses all the powers and performs all the duties attached by law to the Office of Sheriff. In Fresno County, the position of Undersheriff was provided by law in 1905.

The number of deputies, and their salaries, have been fixed by statute through the years. In 1907, there were seven deputies at an annual salary of $1,200 each. In 1913, the office of jailer, to be under the supervision and control of the Sheriff, was expressly created by a legislative act for Fresno County. The Bertillon System of identification was installed and a special deputy added to act as photographer at a salary of $1,500 per year. Under the charter provisions of Fresno County, the number and compensation of deputies and assistants is fixed by ordinance of the Board of Supervisors.

In 1938 there were an Undersheriff, 12 deputies, four bailiffs and a secretarial staff at a total salary budget of $48,000 per annum. In 1968, there were an Undersheriff, 1 Division Chief, 6 Captains, 9 Lieutenants, 34 Sergeants, 1 Chief Criminologist, 8 Criminologists, 3 Identification Technicians, 122 deputies and clerical staff of 70 at a total salary budgetamounting to $1,201,403 annually.

 DUTIES AND POWERS

The Sheriff is an executive officer vested with duties that are regulated by statute, and are connected with the enforcement of law and the administration of justice. Among his duties, the Sheriff provides suitable rooms for the holding of county courts and for chambers of the judges of the courts whenever such rooms are not furnished by the Supervisors.

The Sheriff, in attendance upon the Superior Court, must act as court crier, call the parties and witnesses, and by proclamation open and adjourn the court. In Fresno County, the Sheriff is also ex-officio Municipal court Marshall and, as such, performs the same duties in the Municipal Courts.

Besides the many general functions, the Sheriff, as an officer of the court, has particular powers and duties in civil and criminal matters. It is to be noted in this regard, that the Office of Sheriff carries with it, in the United States, all of its common law duties and powers, subject however, to legislative alteration and control.

As a peace officer, the Sheriff is vested with the following duties:

• To preserve the peace

• To arrest and take before the nearest magistrate all persons who have committed a public offense

• To prevent and suppress all affrays, breaches of the peace and insurrections

• To investigate public offenses which have been committed within his jurisdiction

• To participate in all programs directed to crime prevention and reducing juvenile delinquency

The Sheriff executes warrants of arrest when issued by judges or magistrates. An order for the commitment of a defendant by the court is directed to the Sheriff, and he or she must detain the defendant until he or she is legally discharged, and if the defendant escapes, the Sheriff is empowered to take all necessary steps for his apprehension, including breaking doors and windows of dwelling houses.

When a judgment of death is rendered by the court, the warrant for execution is drawn and delivered to the Sheriff. In accordance with the law of 1891 the Sheriff is to deliver the defendant to the Warden of a State Prison for the execution which is carried out within the walls of the Prison in the presence of and under the direction of the Warden. Prior to 1891, those sentenced to death were executed within the walls of the County Jail in the presence of, and under the direction of the Sheriff.

The Sheriff executes all processes and orders of the court when addressed to him. He or she executes all processes and orders of the court when addressed to him. He or she executes Writs of Attachment and safely keeps all the property of the defendant not exempt from execution. The Sheriff is directed, in some civil actions, to levy and seize property of a defendant, real and personal, which is liable to execution, and sells the property in satisfaction of the judgment. Property is sold at a public auction to the highest bidder.

The Sheriff keeps the County Jail and is in complete charge of it.He or she is required to confine in the jail, separate from one another, the following groups of prisoners:

• Persons committed on criminal process and detained for trial

• Persons convicted of crimes and held under sentence

• Persons detained as witnesses

• Persons held under civil process or under an order imposing contempt
• punishment

• Female prisoners separated as listed above, but to be held apart from male prisoners

Under the county budget law, the Sheriff must submit to the County Auditor a yearly statement of estimated receipts and expenditures of his office.

Prior to 1952, the Fresno County Sheriff was permitted to keep those fees paid him for service of civil papers, and warrants. He was provided a flat rate per prisoner in the jail and any of that amount not spent was kept by him. This was changed and the Sheriff now turns all monies over to the county general fund and is salaried at a flat rate determined by the Board of Supervisors.