A Pennsylvania State Constable is an office held in Pennsylvania. It is the constable's job to enforce the law and carry it out, just the same as the job of district attorneys, sheriffs and the police generally" (see tn r» Ant 147 of 1990, 528 Pa., at470, 598 A.2d 9S5 ). In fact, 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. Moreover, they are exempt from the need to have a carry license for their weapon while on duty pursuant to 18 Pa.CS. § 6106.[1]
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A constable is an 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] [5] 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.[6]
Constables are also charged by Pennsylvania statute with maintaining order at election polls and ensuring that no qualified elector is obstructed from voting. Constables are the only peace officers permitted at the polls on election day. In fact this duty is mandated upon constables; failure to protect the polls, or provide for their protection through appointed deputies, is punishable with a fine.[7] This statute is seldom enforced, however.
Constables are paid a fixed fee for performing this duty.
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 49 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. For example, Chester County uses constables for all prisoner transports and courtroom security. Berks County also uses constables for prisoner transports and courtroom security.
Constables may also serve civil process. Unlike judicial services, civil process may be served by any able-bodied adult , and so does not require a constable. Constables or Sheriff's are required when enforcement of court orders is necessary.
Constable's can provide security for the local bail wick or any other security at any county level. Some constable's work for other county police to provide traffic control plus security at certain events.
Constables are required to complete Act 49 certification and training before performing any court duties, including execution of arrest warrants. In order to carry a firearm on duty, Constables must complete the firearms-portion of Act 49 as well.
A Pennsylvania Court of Common Pleas judge may remove a constable for misfeasance, malfeasance, or acts of oppression.[8] Malfeasance is defined as a breach of a positive statutory duty or of performing a discretionary act with an improper or corrupt motive.[4] 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.[4]
As elected public officials, constables are required to file an annual Statement of Financial Interests with the Pennsylvania State Ethics Commission.[9]
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.[10]
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.[11] A constable must show that a deputy constable is needed due to the volume of business or constable workload.[5]
The constable may not seek appointment of a deputy constable in order to delegate all or most of his or her work to the deputy constable and must have a bona fide reason to appoint a deputy. However, a constable may appoint election day deputy constables to monitor polling places in their elected districts.
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 state-wide reform had failed on at least two prior occasions.[12][13][14][15]
Some of the incidents highlighted by the press include:
Although the Associated Press has reported on several instances of what they call constable misbehavior, the Pennsylvania State Constable Association points out that the Associated Press did not report on the majority of constables that go above and beyond the duties of their jobs by helping others in the community. While some constables have indeed been disciplined or removed from office, the vast majority of constables are still in office and following the rules.
Some Pennsylvania constables have also pointed out that media reportage itself plays a part in shaping public perception. For example, a Pennsylvania State Policeman was convicted of nearly decapitating a dentist,[21] but this was not reported as an example of an alleged "Controversy over Pennsylvania State Police." Such coverage might itself fuel a perception of "widespread abuse" among the Pennsylvania State Police, just as recent news articles are cited as evidence of systemic problems with the Pennsylvania Constabulary. A similar phenomenon in the early 2000s led to a perception that child abductions were on the rise, when in fact they were rare and decreasing in frequency[22]
In February 2009, Sokoloff filed to run for constable in Lower Merion Township, Montgomery County.[27] The District Attorney, Risa Vetri Ferman, filed a petition for contempt of court against Sokoloff, because Sokoloff agreed to never run for constable in Montgomery County, Pennsylvania again.[28] Ferman, citing Sokoloff's "mind numbing arrogance" stated that Sokoloff "might as well walk up to the judge and spit in his eye."[28] Sokoloff is currently awaiting his contempt hearing.
On December 30, 2008, Ronald Castille, the Chief Justice of the Pennsylvania Supreme Court told the Associated Press that the Court was studying implementing state-wide regulations, including issuing a state-wide constable handbook.[33] 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 current chairman of the Pennsylvania House Judiciary Committee is also 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.[34]
In addition to state-wide 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.[35]