Pennsylvania State Constables

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Contents 1 Definition of a Pennsylvania Constable 2 Duties of a Constable 2.1 Keeping Peace at the Polls 2.2 Working for the Courts 2.3 Training 2.4 Discipline and Removal 2.5 State Filing Requirements 3 Deputy Constables 4 Controversy 4.1 Media Coverage 4.2 Constable Reaction 4.3 List of Removed or Disciplined Constables 4.4 Proposed Reform 5 See also 6 References

[edit] Definition of a Pennsylvania Constable

A constable is an elected official and serves six-year terms. ^[1]

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."^[2]

Constables are peace officers.^[3] In Pennsylvania, a peace officer may arrest a person, without warrant, if a crime is committed in their presence.^[4] Peace Officers are also empowered to quell a disturbance of the peace. A disturbance of the peace in Pennsylvania is defined as an immenent 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. Constables' "arrest on view" authority does not empower them to make arrests after the fact for crimes they did not observe directly, nor to arrest on probable cause. However, according to Pennsylvania common law, a citizen may also have the same power of arrest, but is not given the shrowd of authority a constable is given.^[5]

[edit] Duties of a Constable

[edit] Keeping Peace at the Polls

Constables are primarily 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 the only one mandated upon constables; failure to protect the polls, or provide for their protection through appointed deputies, is punishable with a fine^[6]. This statute is seldom enforced, however.

Constables are paid a fixed fee for performing this duty.

[edit] Working for the Courts

Constables may serve the court, but are not required to. When working for a judge, constables may serve judicial process, writs, arrest warrants, levies and collect fines. These services are 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^[7], and so does not require a constable. Constables are often used because they have relevant training.

[edit] 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 44 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. Without firearms certification, a constable may perform these duties, but may not use a firearm when doing so.

[edit] Discipline and Removal

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.^[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]

[edit] State Filing Requirements

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

[edit] 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.^[9]

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.^[10] A constable must show that a deputy constable is needed due to the volume of business or constable workload.^[4]

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.

[edit] Controversy

[edit] 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.^{[11][12][13][14]}

Some of the incidents highlighted by the press include:

Lists of miscellaneous information should be avoided. Please relocate any relevant information into appropriate sections or articles. (October 2009)

• In February 2007, New Kensington police charged a Westmoreland County constable with drunken driving after a crash in which the constable was injured.^[15]

• 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.^[16]

• 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 lied about his role in the incident to federal agents.^[17]

• 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.^[18]

• A Cambria County constable was a known leader of the Ku Klux Klan, but continued in his constable post.^[12]

[edit] Constable Reaction

Although the Associated Press has reported on several instances of what they call constable misbehavior, the 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. The Constable Association of Pennsylvania pointed out to the Associated Press that while some constables have been in trouble, the majority of constables in Pennsylvania do their jobs without any problems.

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^[19], 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^[20]

[edit] List of Removed or Disciplined Constables

Lists of miscellaneous information should be avoided. Please relocate any relevant information into appropriate sections or articles. (October 2009)

• Kelly Deardorff, Elected Constable from York County, 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.^[21][22]

• Thomas L. Holt, Elected Constable from Bernville, Berks County, Pennsylvania - 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.^[23]

• 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.^[23]

• Steven Sokoloff, Appointed Deputy Constable from Lower Merion, Montgomery County, Pennsylvania -

1. 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.^[24]
2. In February 2009, Sokoloff filed to run for constable in Lower Merion Township, Montgomery County.^[25] 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.^[26] Ferman, citing Sokoloff's "mind numbing arrogance" stated that Sokoloff "might as well walk up to the judge and spit in his eye."^[26] 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^[27] 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.^[28]

• Peter J. Wirs, Elected Constable from Harrisburg, Pennsylvania - Peter J. Wirs was 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.^[29]

[edit] 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.^[30] 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 State Constable Association to outline his proposal for reform.^[31]

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.^[32]

[edit] See also

• PA State Constables' Association
• About the Office of Constable
• Montgomery County Constable Faces Charges
• Constable Loses Power After Ticket Flap

[edit] References