Q The surety bond of our sheriff has been cancelled, and he is currently attempting to secure a new bond with a different surety. What are the consequences of his failure to secure a bond, and what is the time frame required for securing another bond?

A If the sheriff cannot acquire a new bond either from a surety company or by making his official bond with two (2) or more personal sureties in accordance with Section 25-1-31, a vacancy must be declared by the board and such vacancy must be filled pursuant to Section 23-15-839. If he acquires a new bond from a surety company, it must be approved by the board pursuant to Section 25-1-19. If he makes his official bond with two (2) or more personal sureties, the bond must be approved pursuant to Sections 25-1-19 through 25-1-23. As to the second question, there is no statutorily required time frame. A new bond must be acquired within a reasonable period of time to be determined by the board. (Attorney Generalís Opinion to Sanders, September 28, 2012)