Tuesday, May 1, 2007

What is a PA State Constable?

Many people ask me about my elected position. I was formally elected to the office in 2003 and my commission will be up in 2009. In order to clarify, I am copying here a short explanation of the position from Wikipedia...Enjoy!

"Constables in Pennsylvania are elected and serve a six-year term, they are Peace Officers by virtue of the office they hold, upon completing state certification and training, they may also serve as the Law Enforcement Arm of the Court. Constables primarily serve the District Courts but may also assist in serving the Common Pleas Court, when requested by the Sheriff.

As Public Officials Constables are required to file an annual Statement of Financial Interests with the Pennsylvania State Ethics Commission .

Each Constable may with approval of the President Judge, 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.

Constable’s are considered to be the "Peoples Peace Officer" because of their Constitutional origin, and as elected officials they are independent of other governing bodies, this gives the Constable the freedom and authority to perform his duties according to statute, in the interest of justice.

Under Pennsylvania Law, Constables are Public Officers, elected or appointed to their position in accordance with the laws of elections.

A Constable is a sworn Law Enforcement / Peace Officer that can arrest for felony crimes and breaches of the peace committed in his presence, or by warrant anywhere in the commonwealth.

A Constable is also an officer empowered to carry out the business of the statewide district court system, by 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 levies.

Constables are also charged with maintaining order at the election polls and ensuring that no qualified elector is obstructed from voting, Constables are the only Law Enforcement Officials permitted at the polls on election day.

While Constables primarily serve the Courts, they belong to the executive branch of government.

Constables are elected at the municipal level, however State law governs Constables and they have statewide authority, thus the title became "State Constable".

Constables are empowered to enforce both criminal and civil laws, Police Officers are empowered to enforce criminal and traffic laws, Sheriff's are the chief law enforcement officer of the County and are empowered to enforce criminal, civil and traffic laws."

Link to source: http://www.pastateconstable.org/history.html

Link to laws governing Constables in PA: http://pafoc.org/index_files/Authority.htm

Source: Wikipedia

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