Sheriffs are the chief law enforcement officers in Pennsylvania counties, not the district attorneys. We are constantly told (particularly by attorneys and judges) that the district attorney is the “chief law enforcement officer” in the county. But this statement is simply not true.
The DA is the chief prosecutor in the county. Though elected, the DA: must be an attorney; holds the “office of attorney at law” (Title 42, Section 2521); is an officer of the courts and reports to the state Supreme Court (Article V, Section 10(c) of the 1968 Pennsylvania Constitution); cannot arrest anyone; etc.
The district attorney is clearly a member of the judicial branch of government. If there is any “separation of powers” today, the DA could not possibly be part of the executive branch of a constitutional republic.
The sheriff is the lawful chief executive officer and highest peace officer of the entire county in which he or she was elected. Unlike the Pennsylvania State Police and municipal police, the sheriff reports directly to the citizens of the county. The duties, responsibilities and authorities of the county sheriff are defined by the Constitution. The elected office of the sheriff cannot be diminished by those in the Legislature or the courts of the state or of the county.
Sheriffs and constables are the only law enforcement officers who work for and answer to the people who elected them.
Marcus Kohan
Mercer