Pennsylvania State Constable 

 The Pennsylvania State Constable is the law enforcement arm of the minor judiciary (District Justices) of the Commonwealth of Pennsylvania. The Constable is the oldest law enforcement branch of Pennsylvania and now since the enactment of Act 44-1994, we are fully certified by the Pennsylvania Commission on Crime and Delinquency. The Constable may also act as a local law enforcement officer of his bailiwick under supervision of the local government..

History of the Office of Constables

The office of Constables was introduced into the British Isles in 1066 A.D. The Constables was one of many political institutions introduced into English Law by the Norman conquerors whose "Conestabulus" or "Count of the Stable" eventually evolved into the office as we know it today.

The office of Constables varied in townships, wards and boroughs, and over the years, the responsibilities of the Constables changed.

By 1830, with the establishment of police forces in many of the larger municipalities in Pennsylvania, the duties and powers of the Constables began to erode out of disuse.

Constables were given uniform powers throughout the state by 1873. The newly passed revision of the Pennsylvania Constitution called for a regularization of all laws dealing with borough government. However, Constables of the boroughs of Pennsylvania were not given uniform authority to make arrests on view as their counterparts in towns, townships and wards were allowed to do.

The Constable - An Elected Official

In American law -- the Constable is an officer of a municipal corporation (usually elected) whose duties are similar to that of the Sheriff.

His role is to preserve the public peace, execute the process of the district courts, and of some other tribunals, serve writs, attend the sessions of the criminal courts, have the custody of juries, and discharge other functions sometime assigned by local law, or statute. Allor v. Wayne County, 43 Mich. 76, N.W. 492.

In English law -- the Constable is a public civil officer, whose proper and general duty is to keep the peace within his district, though he is frequently charged with additional duties. 1 B1. Comm. 356. There are "high," "petty," and "special Constables."

The Constable is an independent locally elected official. While he works with units of local government, he is, to a great extent, independent of any direction from them and carries out his duties according to the dictates of the laws under which he operates.

A Constable answers only to the courts and not to the governing body of the municipality from which he is elected. The President Judge of the Court of Common Pleas may choose to supervise Constables in his Judicial District; however, he has no direct responsibility to administrate their activities.

 Until the early 1970's, local government within the Commonwealth was a loosely regulated organization of poorly trained officials attempting to maintain governmental functions. The minor judiciary, at the local level, was a Justice of the Peace (JP), an untrained and usually part-time position. The JP worked out of his home and was paid a fee according to the volume and type of work he completed. Police officers were untrained, locally appointed, officers who were given a badge, gun and a red warning light for their private vehicle. The JP issued his precepts, and the Constable was the JP's enforcer.

In 1972, the JP system was abolished and the district court system created by virtue of the Unified Judicial System. District Justices were now to be paid a salary, required to attend continuing education courses and provided with accouterments that elevated them to a professional position.

Likewise, Act 120-74 became law and required that all municipal police officers attend training and certification courses so that they would become professional police officers who could function with an understanding of what the laws required of them. Act 2-84 next required that Deputy Sheriffs become trained professionals, thus elevating their status as peace officers. The Constable became the last unprofessional "associate" member of the minor judiciary. By the late 1980's, the fee structure of 1972 proved to be inadequate and, if the Constable system was to remain a viable force, training and certification were necessary.

New legislation was introduced and Act 102 became law in 1992. In the short term, the issue of training and certification was partly resolved, and new fees were established. Act 102 however, fell short of the requirements to insure that the issues of oversight were adequately covered. Again legislation was introduced to tie up the loose ends and Act 44 of 1994 was passed, becoming effective June 15, 1994. The Pennsylvania Commission on Crime and Delinquency agreed to act as an overseer for Constable training.

Act 44-94 effects only those Constables working for the courts. Eventually, there will be two "classes" of Constables within the Commonwealth: certified and non-certified. Act 44-94 insures that the Constable, along with the police officer and sheriffs, will be regarded as a professional law enforcement officer.

Constables today are able to perform the following functions as long as they are act44 certified. Courtroom security, prisoner transports, serve protection from abuse orders, evictions, sheriff sales, make arrests with or without a warrant, traffic control, truancy enforcement, orders of possession, service of divorce papers, civil and criminal subpoena service, A constable is also responsible for keeping the peace on election day. It is the constables responsibility to ensure that all of the polling places in his district have a constable in place. Election day constables are recommended by the constable and approved by the president judge of his county. The constable is the only law enforcement officer allowed at a polling place during election unless he deems it necessary to call local law enforcement officers for assistance. A constable also has the powers to appoint deputy constables with the approval of the president judge of his county.