Pennsylvania State Constable's Office
Encyclopedia
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.
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."
In Pennsylvania, constables are peace officers. 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.
Constables are paid a fixed fee for performing this duty.
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.
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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. A constable must show that a deputy constable is needed due to the volume of business or constable workload.
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.
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.
Some of the incidents highlighted by the press include:
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, 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
In February 2009, Sokoloff filed to run for constable in Lower Merion Township, Montgomery County. 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. Ferman, citing Sokoloff's "mind numbing arrogance" stated that Sokoloff "might as well walk up to the judge and spit in his eye." Sokoloff is currently awaiting his contempt hearing.
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.
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.
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.
Definition of a Pennsylvania Constable
A constable is an elected official and serves six-year terms.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."
In Pennsylvania, constables are peace officers. 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
Citizens Arrest
Citizens Arrest is a New York-based band that existed from 1989 to 1991 and reformed in 2010. The group often blended hardcore punk, Grindcore and Powerviolence styles. Their main inspiration in the early days of the band were from Boston area hardcore from the 1980s like DYS and SSD...
for felonies committed in view, but they are not given the shroud of authority a constable, sheriff or other law enforcement officer is given.
Protecting the Polls
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. This statute is seldom enforced, however.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 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.
Training
Constables are required to complete Act 44 certification and training before performing any court duties, including execution of arrest warrants. In those counties that use constables to transport prisoners and provide courtroom security, Act 49 certification is required prior to serving in that capacity. In order to carry a firearm on duty, constables must also have Act 44 firearms certification.Discipline and Removal
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 acts 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 CommissionPennsylvania State Ethics Commission
Pennsylvania State Ethics Commission is the main ethics commission for the Government of Pennsylvania.-The Commissioners:The six Commissioners, with one vacancy, are: * Louis W. Fryman, Esq., Chairman* John J. Bolger, Vice Chairman...
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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.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. A constable must show that a deputy constable is needed due to the volume of business or constable workload.
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.
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 state-wide reform had failed on at least two prior occasions.
Some of the incidents highlighted by the press include:
- In November 2011, a Pennlive.com article featured two PA constables, one from Cumberland County and another from Dauphin County, who were upset over a new PennDOT policy that prohibited their access to free municipal license plates.
- In February 2007, New Kensington police charged a Westmoreland County constable with drunken driving after a crash in which the constable was injured.
- In February 2005, a Chester County constable issued his letter of resignation to Chester County’s President Judge with the understanding that, in exchange, he would not be prosecuted for any sexual assault charges arising from his transport of a female prisoner.
- In June 2003, a western Pennsylvania constable was allegedly indicted for lending his badge to a German man who was attempting to avoid airport security. The constable then was accused of lying about his role in the incident to federal agents. He was later exonerated and found innocent on all counts.
- Constables who fatally shot three pet dogs in Allentown in 2003 agreed to settle lawsuit for $320,000. They had been serving warrants for unpaid parking tickets.
- A Cambria County constable was a known leader of the Ku Klux Klan, but continued in his constable post.
Constable Reaction
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, 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
List of Removed or Disciplined Constables
- Kelly Deardorff, Elected Constable from York County, PennsylvaniaYork County, PennsylvaniaYork County is a county in the U.S. state of Pennsylvania. As of 2010, the population was 434,972. It is in the Susquehanna Valley, a large fertile agricultural region in South Central Pennsylvania....
- Kelly Deardorff pled guilty to failing to file federal income taxes from 2001 to 2005. Deardorff was the elected Pennsylvania State Constable from York County, Pennsylvania. According to Federal Prosecutors, Deardorff did not report income received from his activities as a State Constable. Deardorff admitted on February 5, 2008 that he earned more than $680,000 over that five-year period and did not file his tax returns. He was sentenced to 13 months in Federal Prison with a year of Federal supervision after that.
- Thomas L. Holt, Elected Constable from Bernville, Berks County, PennsylvaniaBerks County, Pennsylvania-Demographics:As of the census of 2000, there were 373,638 people, 141,570 households, and 98,532 families residing in the county. The population density was 435 people per square mile . There were 150,222 housing units at an average density of 175 per square mile...
- Thomas L. Holt was charged with submitting false bills for reimbursement for arresting and transporting people to court wanted on warrants. However, Berks County prosecutors alleged that those people paid their fines directly at District Court and did not even meet the constable. Berks County President Judge Jeffrey L. Schmehl issued an order to all district judges in Berks County directing the Courts to withhold work from Holt. Holt is awaiting charges of Theft by Unlawful Taking, Receiving Stolen Property, False Swearing, Tampering with Public Records, Unlawful Use of a Computer, and related offenses.
- Dennis J. Mulligan, Elected Constable from Reading, Berks County, Pennsylvania - Dennis J. Mulligan was charged with submitting false bills for reimbursement for arresting and transporting people to court wanted on warrants. However, Berks County prosecutors alleged that those people paid their fines directly at District Court and did not even meet the constable. Berks County President Judge Jeffrey L. Schmehl issued an order to all district judges in Berks County directing the Courts to withhold work from Mulligan. Holt is awaiting charges of Theft by Unlawful Taking, Receiving Stolen Property, False Swearing, Tampering with Public Records, Unlawful Use of a Computer, and related offenses.
- Steven Sokoloff, Appointed Deputy Constable from Lower Merion, Montgomery County, PennsylvaniaMontgomery County, PennsylvaniaMontgomery County is a county located in the U.S. state of Pennsylvania, in the United States. As of 2010, the population was 799,874, making it the third most populous county in Pennsylvania . The county seat is Norristown.The county was created on September 10, 1784, out of land originally part...
- Prosecutors alleged that Sokoloff handcuffed the wrong man at an East Norriton car dealership and then refused to release the man after finding out that he had the wrong person. Sokoloff was stripped of his power by a Montgomery County judge, who signed an order removing Sokoloff from office as a deputy constable.
In February 2009, Sokoloff filed to run for constable in Lower Merion Township, Montgomery County. The District Attorney, Risa Vetri Ferman
Risa Vetri Ferman
Risa Vetri Ferman is an American lawyer and the elected District Attorney in Montgomery County, Pennsylvania.- Early Career :...
, filed a petition for contempt of court against Sokoloff, because Sokoloff agreed to never run for constable in Montgomery County, Pennsylvania again. Ferman, citing Sokoloff's "mind numbing arrogance" stated that Sokoloff "might as well walk up to the judge and spit in his eye." Sokoloff is currently awaiting his contempt hearing.
- Michael M. Solow, Elected Constable from West Conshohocken, Montgomery County, Pennsylvania - Prosecutors alleged that Solow evicted a person from their own home without ever having a court hearing. Prosecutors also alleged that Solow searched another woman's house without ever having a search warrant. According to the Associated Press, Solow had a history of abusing his power. This included a high speed chase through Lower Merion and Philadelphia after police discontinued the chase for safety reasons. Solow reportedly caused damage to several cars and property during the chase Solow was removed by Montgomery County Court of Common Pleas Judge Paul W. Tressler on December 31, 2008 for misfeasance, malfeasance, and acts of oppression.
- Peter J. Wirs, Elected Constable from Harrisburg, Pennsylvania - Peter J. Wirs was, as later admitted in Federal court, falsely convicted of theft and served jail time when he attempted to order 23 Crown Victorias from a car dealership. Prosecutors alleged that Wirs attempted to order 23 Crown Victoria's in an attempt to expand the traditional duties of constables. Wirs wanted to set up a task force to investigate prostitution and pull motorists over. However, the Dauphin County District Attorney later admitted Wirs was factually innocent of all charges.
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 state-wide regulations, including issuing a state-wide constable handbook. 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.
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.