Judges: J.D. MacFARLANE, Attorney General
Filed Date: 6/19/1980
Status: Precedential
Modified Date: 7/5/2016
Ms. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street Denver, Colorado 80203
Dear Ms. Herzmark:
This opinion letter is in response to your letter of May 14, 1980, in which you requested an opinion interpreting the Colorado statutes concerning mileage fees to be collected by county sheriffs when an attempt to serve process is unsuccessful.
QUESTION PRESENTED AND CONCLUSION
Your request for an attorney general's opinion presents this question:
Are mileage fees and expenses incurred by a county sheriff in an unsuccessful service attempt properly chargeable and collectible against those persons requiring such service?
My conclusion is "yes." It is my opinion that, because the sheriff is charged by statute with the duty to serve and execute all processes, writs, and orders issued by a lawful authority, he is entitled to collect mileage and traveling fees and expenses in the attempted performance of those official duties, even if such attempts prove unsuccessful.
ANALYSIS
County sheriffs are executive officers of the courts of law in this state, Struble v. Barger,
Because county sheriffs are charged by statute to serve writs of process, there can be no question that an attempt to effect such service, successful or not, qualifies as an act "in the performance of . . . official duties" under section
SUMMARY
To summarize my opinion, county sheriffs may charge and collect mileage fees and traveling expenses for unsuccessful attempts to serve process from the parties requiring such service.
Very truly yours,
J.D. MacFARLANE Attorney General
EXPENSES TRAVEL SHERIFFS COUNTY OFFICERS AND EMPLOYEES
C.R.S. 1973,
LOCAL AFFAIRS, DEPT. OF Local Government, Div. of
County sheriffs may charge and collect mileage fees and traveling expenses for unsuccessful service attempts.