Bailiffs

SIGNIFICANCE: Bailiffs have primary responsibility for maintaining security and order within courtrooms and ensuring that courtroom procedures are followed.

The term “bailiff” has been used since the Middle Ages to designate an administrative official of the courts. Although contemporary bailiffs have fewer duties and less power than their medieval counterparts, they nonetheless serve an important function in courtroom operations. A bailiff is usually a deputy sheriff with police authority whose main jurisdiction is the courtroom. The duties of the bailiff can be divided into two major categories: courtroom management and process serving.

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Bailiffs are responsible for a host of courtroom duties. They provide security for the court, including searches before hearings to ensure there are no weapons present; they evict unruly spectators from the courtroom; they escort judges into courtrooms. They are also responsible for transporting defendants to court. Once there, they must control and guard defendants. Further, it is the bailiff who provides defendants with food. Bailiffs also ensure that the people in the court room act with decorum. For example, it is the bailiff who announces the entry of the judge and requests all present to stand. Bailiffs are responsible for the smooth running of court procedures by handling the docket—the order in which cases are heard.

An important function of bailiffs is the protection of the jury. Bailiffs escort juries in and out of the courtroom. Sometimes juries must be kept isolated during a trial so that they are not influenced by others outside the court. This procedure is called “sequestering.” When a jury is sequestered, it is the responsibility of the bailiff to guard jurors and to arrange their food, lodging, and transportation.

The second major category of a bailiff’s duties is process serving. In Louisiana, for example, bailiffs may be responsible for typing and serving subpoenas and other papers ordered by the court. In Ohio, bailiffs serve papers that include, among other things, criminal warrants, garnishment, and judgment executions. By so doing, the bailiff helps to enforce judgments made by the court.

Requirements for becoming a bailiff vary from state to state. Generally, a bailiff must be at least twenty-one years old, be a citizen of the United States, and have at least a high school diploma or the equivalent. Some states require additional training. In Missouri, for example, bailiffs who have not been certified as peace officers in other capacities must undertake sixty hours of basic training in a state-certified training course.

There are a number of skills bailiffs must have in order to do their jobs well. Some of these include typing, handling paperwork efficiently, knowing courtroom procedures, operating alarm systems, and having familiarity with the jails from which they transport prisoners. In addition, some states set minimal physical requirements for bailiffs. That is, bailiffs must be able to lift at least thirty pounds, sit and stand for long periods, and have good eyesight.

Bibliography

"How to Become a Bailiff." Indeed, 16 Feb. 2023, www.indeed.com/career-advice/career-development/how-to-become-a-bailiff. Accessed 21 June 2024.

Meyer, J. F., and D. R. Grant. The Courts in Our Criminal Justice System. Upper Saddle River, N.J.: Prentice-Hall, 2003.

Neubauer, D. W. America’s Courts and the Criminal Justice System. 7th ed. Belmont, Calif.: Wadsworth, 2002.