Pennsylvania State Constables

A Pennsylvania State Constable is an office held in all Pennsylvania townships and municipalities except for Philadelphia, where it was abolished in the 1970s.[1] Pennsylvania constables have the right in Pennsylvania to arrest by warrant anywhere in the commonwealth, and to conduct warrantless arrests for felonies and breaches of the peace, including warrantless arrests for felony violations of the drug laws (see Commonwealth v. Taylor, 450 Pa. Super. 583, 596, 677 A.2d 846,852 [Pa. 1996]). They also have statutory powers of arrest in certain situations (see e.g. 32 P.S. S582; S3 P.S. §13349). Constables are exempt from the legal requirement to have a license to carry a firearm in the Commonwealth of Pennsylvania, as they meet the definition of "Qualified Law Enforcement Officer" under the provisions of §18 USC 926b, the Law Enforcement Officers Safety Act.

Definition of a Pennsylvania Constable

A constable is a local elected official and serves six-year terms.[2]

Constables belong to the executive branch of government. As such, they are answerable to the governor of Pennsylvania. However, they are not formally overseen by any state agency. They perform services for the Pennsylvania Magisterial courts, but do not belong to the judicial branch. With regard to their judicial services, the Pennsylvania Supreme Court has found constables to be "independent contractors that orbit the judiciary."[3]

In Pennsylvania, constables are peace officers.[4] As such, they are also empowered to quell a disturbance of the peace. A disturbance of the peace in Pennsylvania is defined as an imminent threat or danger to persons or property. For example, if a constable observes a public brawl, then the constable may arrest the participants for breaching the peace. According to Pennsylvania common law, a citizen may also have a "limited" power of arrest commonly known as a citizens arrest for felonies committed in view, but they are not given the shroud of authority a constable, sheriff, or other law enforcement officer is given.

Duties of a Constable

Protecting the Polls

Constables are required by Pennsylvania statute 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. Failure to protect the polls, or provide for their protection through appointed deputies, is punishable by fine.[5] Constables are paid a fixed fee for performing this duty.

Working for the Courts

Constables may serve the court, but are not required to. When serving the judiciary, constables may serve judicial process, writs, arrest warrants, levies and collect fines. These services are regulated by Act 44 of the Pennsylvania statutes. The constable is paid for these services by fees which are specified in the statutes, and paid by the defendant in criminal cases or the plaintiff in civil cases. In some Pennsylvania counties, Constables provide courtroom security and transport prisoners. Chester and Berks Counties use constables for all prisoner transports and courtroom security.

Training

Constables are required to complete Act 49 certification and training before performing any court duties. Basic Act 44 training is provided by the Pennsylvania Commission on Crime and Delinquency (PCCD), the course is 80 hours of classroom instructions on the follow subjects: use of force, professional development, civil law, criminal law, prisoner transport, courtroom security, defensive tactics, OC and baton, mechanics of arrest, role of the constable, and crisis intervention. Constables must pass each subject by scoring at least 70% on a written exam.

Each year, Constables must take 40 hours of Continuing Education to keep their certification; this includes 20 hours Con Ed for basic certification and 20 hours Con Ed for firearms.

Discipline and Removal

A Pennsylvania Court of Common Pleas judge may remove a constable for misfeasance, malfeasance, or acts of oppression.[6] Malfeasance is defined as a breach of a positive statutory duty or of performing a discretionary act with an improper or corrupt motive.[3] If a court finds that a constable committed misfeasance, malfeasance, or an acts of oppression, the court may then find that the constable is unfit for office and remove him from office as constable.[3]

State Filing Requirements

As elected public officials, constables are required to file an annual Statement of Financial Interests with the Pennsylvania State Ethics Commission.[7]

Deputy Constables

Each constable may, with approval of the President Judge in the county the constable is elected in, appoint deputies to work under his authority. Each deputy is given the same authority as the constable himself, but serves at the pleasure of the elected constable.[8]

In order to have a deputy constable appointed, the constable must file a petition with the Court of Common Pleas and state the reasons a deputy is needed.[9] A constable must show that a deputy constable is needed due to the volume of business or constable workload.[4]

A constable may appoint election day deputy constables to monitor polling places in their elected districts.

Controversy

Media Coverage

Controversy over the role of constables in the Commonwealth of Pennsylvania has been raised by the print media, including the Associated Press. Among the issues the press has alleged are a lack of oversight and training that constables receive. Since constables are not directly supervised by the executive branch or the courts, it is claimed that they have been able to escape accountability.

One Associated Press series reviewed the constabulary’s legal status and asserted that (i) there are no minimum qualifications to hold the office, (ii) the system remains wide open for abuse, and (iii) that statewide reform had failed on at least two prior occasions.[10][11][12][13]

Some of the incidents highlighted by the press include:

List of Removed or Disciplined Constables

Proposed Reform

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.[31] Castille further stated that the Supreme Court's minor rules committee was studying the 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.[31]

In addition to statewide reform, at least one county has issued an order limiting constables' access to court documents. Following the arrest of two constables and one district court staff in Berks County, Berks County President Judge Jeffrey L. Schmehl issued an order limiting constables' access to court files. Specifically, constables in Berks County can only access the same court records as the public. Schmehl also directed all District Judges to retrieve from all constables any and all keys to District Court that constables may have.[32]

See also

References

  1. ↑ McCrary, Larry (October 6, 1997). "New Standards Will Police Pa.'s Old Constable System Those Untrained, Crony-friendly Days Are Numbered. Not Everyone Is Happy About That.". Philadelphia Inquirer.
  2. ↑ see 13 Pennsylvania Statutes § 1 to 15, 21 to 23, 31, 41 to 46, 64, 67, 72 to 75, 82, 87 and 88 (2007), see also Preno Petition, 77 Pa. D & C 193 (1951); In re: Appointment of Hunter, 782 A.2d 610 (Pa. Commw. 2001); National Cash Register Co. v. Berg, 99 Pa. Super. 34 (1930)
  3. 1 2 3 In Re: Act 144 of 1990, Pennsylvania Supreme Court (1994).
  4. 1 2 In re: Appointment of Hunter, 782 A.2d 610 (Pa. Commw. 2001)
  5. ↑ (PA Consolidated Statutes)
  6. ↑ 13 Pennsylvania Statutes § 31
  7. ↑ "Ethics". Ethics.state.pa.us. Retrieved 2010-03-30.
  8. ↑ 13 Pennsylvania Statutes § 21
  9. ↑ Preno Petition, 77 Pa. D & C 193 (1951).
  10. ↑ Scolforo, Mark, Chief Justice: Constable System a Medieval Remnant, Associated Press, July 31, 2008. Archived February 27, 2009, at the Wayback Machine.
  11. 1 2 Scolforo, Mark, Constable Misconduct in Pa. Sparks Calls for Reform, Associated Press, July 30, 2008
  12. ↑ Scolforo, Mark, Barriers Exist to Pa. Constable System Reforms, Associated Press, July 29, 2008.
  13. ↑ Scolforo, Mark, Prisoner Excapes a Problem for Pennsylvania Constables, Associated Press, July 30, 2008
  14. ↑ Pennlive, Two Midstate Constables Fight PennDOT Over Municipal License Plates, November 12, 2011
  15. ↑ Chuck Biedka, New Kensington Constable Charged with DUI; Valley News Dispatch; February 28, 2007
  16. ↑ Gina Zotti, Warrant Officer Asked to Resign, Dailylocal.com, 2/11/05
  17. ↑ Constable Charged in Airport Badge Scam, Associated Press State News, June 11, 2003
  18. ↑ Matthew Birkbeck, Constables Who Fatally Shot 3 Dogs in 2003 Agree to Settle Suit for $320,000, The Morning Call, posted Nov. 3, 2006
  19. ↑ Breaking
  20. ↑ Hoover, Mike, Tax Evading Constable Gets 13-Month Jail Sentence, The Evening Sun, May 24, 2008.
  21. ↑ Press Release,York County Constable Pleads Guilty To Failing To File Income Tax Returns for Five Years, U.S. Department of Justice, Middle District of Pennsylvania.
  22. 1 2 Kelly, Dan,Two Berks Constables, District Judge's Secretary Charged in Billing Taxpayers in No-work Scheme, Reading Eagle, September 23, 2008.
  23. ↑ CBS3 Philadelphia,Constable Loses Power After Ticket Flap, October 18, 2007.
  24. ↑ KYW 1060.com, Montco DA Scorns Actions of 'Arrogant' Former Constable
  25. ↑ Action News Philadelphia,Montgomery County Constable Faces Charges, Posted April 29, 2008.
  26. ↑ Scolforo, Mark, Constable Outside Philadelphia Removed by Judge, Associated Press, January 9, 2009.
  27. ↑ Scolforo, Mark,Constable Misconduct in Pa. Sparks Calls for Reform, Associated Press, July 30, 2008.
  28. ↑ Wirs v Davis 3cv01-2150 2002.
  29. ↑ Constable Jack Garner Convicted
  30. ↑ Constable Sentenced...
  31. 1 2 Scolforo, Mark, Pa. Courts Consider Statewide Constable Standards, Associated Press, December 30, 2008.
  32. ↑ Kelly, Dan,Restrictions for Constables and Police, Reading Eagle, September 23, 2008.

External links

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