"Service" Fees

In all counties except Jefferson County constables are compensated from the fees they collect.  Under KRS 64.190, constables may collect the following fees for the following services:

Making arrest for violations involving a motor vehicle on the public highways $.50
Taking up a vagrant $.50
Killing a mad dog $1.00
Killing and burying a distempered horse, ass or mule $3.00
Killing and burying any other cattle, per head $2.00
Altering a stud, jackass or bull $1.00
Any other services, the same fee allowed sheriffs for similar services (see Sheriff Fees section below)  

Constables, along with other peace officers, may also receive fees from the state treasury, under KRS 64.060, for providing the following services:

Apprehending a person on charge of felony, or a fugitive from justice charged with a felony in this state $10.00
Executing a process of contempt in a criminal case when the court excuses the contempt $1.60
Executing a summons upon a witness on behalf of the Commonwealth in a felony case $3.00
Summoning a jury, on order of a court, in a county other than that in which the action is pending, a reasonable allowance to be fixed by the court $2.50
Summoning and attending a jury in a case of felony $2.50

Constables receive mileage and expenses for taking or assisting in taking adult prisoners to the penitentiary or another jail. (KRS 64.070)

Sheriff Fees and Commissions

KRS 64.090 allows sheriffs to charge and collect the following fees from the state and any of its agencies, including the state police, when the source of payment is not otherwise specified, if a state agency or state police requests a sheriff to perform any of the following:

Executing and returning process $20.00
Serving an order of court and return $3.00
Summoning or subpoenaing each witness, fee to be paid by requester to sheriff before service $10.00
Summoning an appraiser or reviewer $2.00
Attending a surveyor, when ordered by a court per deputy or sheriff assigned $20.00
Taking any bond that he is authorized or required to take in any action. $5.00
Collecting money under execution or distress warrant, if the debt is paid or the property sold, or a delivery bond given and not complied with, six percent (6%) on the first three hundred dollars ($300) and three percent (3%) on the residue; when he levies an execution or distress warrant, and the defendant replevies the debt, or the writ is stayed by legal proceedings or by the order of the plaintiff, half of the above commissions, to be charged to the plaintiff and collected as costs in the case;
Taking a recognizance of a witness
$3.00
Levying an attachment $5.00

When property attached is sold by an officer other than the officer levying the attachment, the court shall, in the judgment, make the officer an additional and reasonable allowance for levying the attachment, and the fee of the officer selling the property shall be lessened by that sum. Reasonable charges for removing and taking care of attached property shall be allowed by order of court;
Summoning a garnishee

$3.00

Summoning a jury in a misdemeanor case, attending the trial, and conducting the defendant to jail, to be paid by the party convicted

$8.00

Serving process or arresting the party in misdemeanor cases, to be paid by the plaintiff

$10.00

Serving an order or process of revivor

$3.00

Executing a writ of possession against each tenant or defendant

$7.00

Executing a capias ad satisfaciendum, the same commission as collecting money on execution. If the debt is not paid, but stayed or secured, half commission; Summoning and attending a jury in a case of forcible entry and detainer, besides fees for summoning witnesses

$8.00

Collecting militia fines and fee-bills, ten percent (10%), to be deducted out of the fee-bill or fine;
Levying for a fee-bill

$3.00

Serving a notice

$2.00

Serving summons, warrants or process of arrest in cases of children born out of wedlock

$6.00

Serving a civil summons in a nonsupport case

$10.00

Serving each order appointing surveyors of roads, to be paid out of the county levy

$5.00

Serving each summons or order of court in applications concerning roads, to be paid out of the county levy if the road is established, and in all other cases to be paid by the applicant

$5.00

Like services in cases of private passways to be paid by the applicant

$5.00

Executing each writ of habeas corpus, to be paid by the petitioner

$3.00

All services under a writ issued under KRS 381.460 to 381.570

$10.00

For services in summoning grand and petit jurors and performing his duties under KRS Chapter 29A the sheriff shall be allowed, for each person so summoned, and paid out of the State Treasury for constructive service the sum of $1.50 and for personal service the sum of $3.00.

In addition, KRS 64.090 allows sheriffs to charge and collect a fee of twenty dollars ($20) from any person not requesting the service of the sheriff on behalf of the Commonwealth, any of its agencies, or the Department of State Police for the services provided in subsection (1) of this section where a percentage, commission, or reasonable fee is not otherwise allowed. If a percentage, commission, or reasonable fee is allowed, that amount shall be paid. If payment is specified from a person other than the person who requested the service, then the person specified shall be responsible for payment.

For transporting prisoners to the state penitentiary and for moving persons charged with felonies the sheriff merely receives actual expenses plus a mileage allowance (KRS 64.070). A $3,600 allowance, payable out of the state treasury in $300 monthly allotments, is paid to the sheriff for patrolling public roads and inspecting roadhouses and dance halls. By statute this sum is to be considered an expense allowance, however, and not part of the compensation of the office (KRS 70.170).

Compensation for court-related duties is provided for by several statutes. KRS 64.090 pertains to fees for a number of such functions. Compensation rates for attending court are determined by KRS 64.092.

Sheriffs also receive fees for the service of process for the courts. In civil cases, in district court (KRS 24A.170), and circuit court (KRS 23A.200), the fee for service of process is $20.00.

Sheriffs receive the greater part of their compensation through commissions for tax collection. Because taxes are collected at the end of the calendar year and expenses are incurred from the beginning, the sheriff may find that he has insufficient funds to meet his expenses before taxes are collected. In this case, he may apply for an advance from the Secretary of the Finance and Administration Cabinet. The sheriff may not borrow during any month more than one-twelfth of the total fees collected during the preceding year, and in no case more than $60,000 per month. The sheriff must repay an advance at the end of the calendar year (KRS 64.140).

As compensation for collecting state taxes, sheriffs in counties where the state taxes charged to them for the year are less than $75,000 receive ten percent of the first $10,000 of state taxes collected, and four and one-quarter percent of the remainder of state taxes collected and paid into the State Treasury. In all other counties, sheriffs receive ten percent of the first $5,000 and four and one-quarter percent of the remainder of the funds (KRS 134.290(1)).

The sheriff is compensated in the same manner for collecting county and special district taxes. In counties where county and special district taxes, excluding school taxes, charged to him for the year are less than $150,000, the sheriff receives ten percent of the first $10,000 and four and one-quarter percent of the remaining taxes collected and paid to the county. In all other counties, the sheriff receives ten percent of the first $5,000 and four and one-quarter percent of the remaining funds (KRS 134.290(2)).

The sheriff’s commission for 1996 and subsequent years is allowed to be equal to the commission received in 1995 or the amount that they would have otherwise received, whichever is greater (KRS 134.290).

By law (KRS 160.500) the sheriff is not supposed to realize a profit from his work in the collection of school taxes. Instead, his commission is only to meet his expenses, and in no instance is it to exceed 4% of the amount of taxes collected. The sheriff’s commission may not be less than one and one-half percent of the taxes collected.