Pennsylvania State Constables


The office of Pennsylvania State Constable is an elected, sworn law enforcement officer in the state of Pennsylvania.
Pennsylvania State Constables are elected in each borough, township and city ward in the state, except in the city of Philadelphia, and serve six-year terms. Constables may be appointed by the President Judge of the county to serve out a term when an elected position becomes vacant.

Role in Pennsylvania government

A Pennsylvania State Constable is an element of the executive branch and is answerable directly to the governor of Pennsylvania. However, they are authorized by statute to perform judicial services for the judicial branch. Constables are peace officers, and may be considered to be police officers in certain circumstances. As the office of Constable is independent of any municipal or state jurisdiction, and not integrated into any judicial district, the Pennsylvania Supreme Court defines the incumbents as "independent contractors" serving the court

Powers

The primary powers of the State Constable and their deputies is set forth by Title 44 of Act 49 of 2009. This statute provides the authority to serve process for the Unified Judicial System of Pennsylvania, including serving summons, subpoenas, orders, judgement levies and making arrests by warrant anywhere in the Commonwealth, make arrests without warrant for persons believed to be committing an offense against any law for the protection of forests and timber land and, in boroughs, make arrests without warrant for breaches of the peace committed in their presence. Additionally, where there is no coroner in commission in a county where a sheriff is party to a suit instituted in a court of the Commonwealth, a constable may be directed by the courts to perform the authorized duties of the coroner.
They are also granted additional powers by various statutes. They may direct traffic, and seize registration plates and cards on behalf of the Pennsylvania Department of Transportation. They may also seize and process any dog which is found running at large, and humanely kill any dog at large in a rabies quarantine area on behalf of the Pennsylvania Department of Agriculture.
Pennsylvania State Constables or their deputies, as other law-enforcement officers, are exempt from the requirement of a license to carry a concealed firearm. However, a Constable or Deputy Constable is prohibited from carrying a firearm while performing judicial duties without valid certification.

Duties

The sole duty Constables are required to fulfill by statute is to maintain order at election polls and ensure that no qualified elector is obstructed from voting. Constables are the only peace officers permitted at the polls on election day.
A Pennsylvania State Constable may choose to exercise their ability to serve the judicial system, which can include serving warrants of arrest, mental health warrants, transporting prisoners, service of summons, complaints and subpoenas, and enforcing protection from abuse orders as well as orders of eviction and judgement.

Oversight

Training

Constables and Deputy Constables are required to complete basic training administered by the Pennsylvania Commission on Crime and Delinquency and receive certification before performing any judicial duties.
The initial Basic Training course consists of 80 hours of classroom instructions on use of force, professional development, civil law, criminal law, prisoner transport, courtroom security, defensive tactics, use of OC spray and baton, mechanics of arrest, the role of the Constable, and crisis intervention. Completion of this mandatory course authorizes him or her to perform judicial duties. A separate Basic Firearms course consists of 40 hours of intensive classroom and range instruction. Successful completion of this optional course authorizes him or her to carry a firearm while performing court duties.
Each year, Constables must complete an 8 hour Continuing Education course to maintain their certification, and a 4 hour Annual Qualification course to maintain their firearms certification.

Discipline

A Pennsylvania Court of Common Pleas judge may remove a constable for misfeasance, malfeasance, or acts of oppression. Malfeasance is defined as a breach of a positive statutory duty or of performing a discretionary act with an improper or corrupt motive. If a court finds that a Constable committed misfeasance, malfeasance, or an act of oppression, the court may then find that the Constable is unfit for office and remove him from office as constable.

State filing requirements

As elected public officials, constables are required to file an annual Statement of Financial Interests with the Pennsylvania State Ethics Commission.

Deputy Constables

General Deputies

Each constable may, with approval of the President Judge of the county in which the Constable is elected in, appoint deputies to work under his authority. These deputies are granted the same authority and powers as the appointing Constable, but serves at their pleasure.

Election Deputies

Additionally, a Constable may appoint "Election Day" deputy constables to their statutory to preserve the peace at all polling places. These deputies are granted limited authority, and are appointed prior to each polling day..

Controversy

Media coverage

Controversy over the role of elected Constables in the Commonwealth of Pennsylvania has been raised by the print media, including the Associated Press.
One Associated Press series reviewed the constabulary's legal status and asserted that, as in many elected positions, there are no minimum qualifications to hold the office, the system may be open for abuse, and that statewide changes had not been carried out on at least two occasions.
Some of the incidents highlighted by the press include:
On December 30, 2008, Ronald Castille, the Chief Justice of the Pennsylvania Supreme Court told the Associated Press that the Court was studying implementing statewide regulations, including issuing a statewide constable handbook. Castille further stated that the Supreme Court's minor rules committee was studying the Berks and Chester County Constable Handbook and would welcome input from judges across the Commonwealth in making a determination.
State Representative Tom Caltagirone, the former chairman of the Pennsylvania House Judiciary Committee was working on possible reforms to the constable system. According to the Associated Press, Caltagirone met with the Pennsylvania State Constable Association and the Pennsylvania Fraternal Order of Constables to outline his proposal for reform. However, no successful proposal was ever introduced.
Castille ordered a study of the constabulary in order to get a better reign on the situation in the state. The result was the 2014 Joint State Government Committee Constable Study. In addition to providing history of the constabulary and comparisons to other law enforcement entities, the 100-plus page review cited issues with the constabulary and offered ideas to fix them, including modification of Act 49 of 2009. The JSGC study was never acted upon during 2014 or 2015.
In 2014, new Constable Rules of Court were implemented by the Pa Supreme Court applicable to all constables. However, lacking a mechanism of enforcement and penalties for failure to follow, many counties and constables alike have chosen to ignore them. Some of the rules were requiring constables to be uniformed when providing services, installing safety barriers in transport vehicles, and so on.