Pennsylvania State Constables

Pennsylvania State Constable
Example of a patch used to identify State Constables
Type	Law enforcement officer
Term length	6 years
Constituting instrument	44 Pa. C.S. § 71[1]
Formation	1664

The office of Pennsylvania State Constable is held as a municipally elected, sworn Peace Officer throughout the state of Pennsylvania.^[2]

Pennsylvania State Constables are elected in each borough, township, and city ward in the state—except in Philadelphia—and serve six-year terms.^[3][4] Constables may be appointed by the Court of Common Pleas of the county to serve out a term when an elected position becomes vacant.^[5]

Role in Pennsylvania government[]

A Pennsylvania State Constable is an element of the executive branch and is answerable directly to the Governor of Pennsylvania. However, they are authorized by statute to perform judicial services for the judicial branch. Constables are peace officers and may be considered to be police officers in certain circumstances.^[6]

Powers[]

The primary powers of the State Constable and their deputies are set forth by Title 44 of Act 49 of 2009.^[7] This statute provides the authority to serve process for the Unified Judicial System of Pennsylvania, including serving summons, subpoenas, orders, judgment levies, and making arrests by warrant anywhere in the Commonwealth, make arrests without warrant for persons believed to be committing an offense against any law for the protection of forests and timberland and, in boroughs, make arrests without warrant for breaches of the peace committed in their presence. Additionally, where there is no coroner in commission in a county where a sheriff is a party to a suit instituted in a court of the Commonwealth, a constable may be directed by the courts to perform the authorized duties of the coroner.

They are also granted additional powers by various statutes. They may direct traffic, and seize registration plates and cards on behalf of the Pennsylvania Department of Transportation.^[8][9] They may also seize and process any dog which is found running at large, and humanely kill any dog at large in a rabies quarantine area on behalf of the Pennsylvania Department of Agriculture.^[10]

Like other law enforcement officers, Pennsylvania State Constables or their deputies need not obtain a license to carry a concealed firearm.^[11] However, a Constable or Deputy Constable is prohibited from carrying a firearm while performing judicial duties without valid certification.

Duties[]

The sole duty Constables are required to fulfill by statute is to maintain order at election polls and ensure that no qualified elector is obstructed from voting.^[12] Constables are the only peace officers permitted at the polls on election day.^[13]

A Pennsylvania State Constable may choose to exercise their ability to serve the judicial system, including 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 judgment.

Oversight[]

Training[]

Constables and Deputy Constables must complete basic training administered by the and receive certification before performing any judicial duties.

The initial Basic Training course consists of classroom instructions on the use of force, professional development, civil law, criminal law, prisoner transport, courtroom security, defensive tactics, use of OC spray and baton, mechanics of arrest, the role of the Constable, and crisis intervention. Completion of this mandatory course authorizes him or her to perform judicial duties. A separate Basic Firearms course consists of intensive classroom and range instruction. Successful completion of this course authorizes him or her to carry a firearm while performing their duties.

Each year, Constables must complete a Continuing Education course to maintain their certification and an Annual Qualification course to maintain their firearms certification.

Discipline[]

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 act of oppression, the court may then find that the Constable is unfit for office and remove him from office as constable.

Deputy Constables[]

General Deputies[]

With the approval of the President Judge of the county in which the Constable is elected, each constable may appoint deputies to work under his authority. These deputies are granted the same authority and powers as the appointing Constable but serve at their pleasure.^[14]

Election Deputies[]

Additionally, a Constable may appoint "Election Day" deputy constables to their statutory to preserve the peace at all polling places. These deputies are granted limited authority and are appointed before each polling day.

Controversy[]

Media coverage[]

Controversy over the role of elected Constables in the Commonwealth of Pennsylvania has been raised by the print media, including the Associated Press.

One Associated Press series reviewed the constabulary's legal status and asserted that, as in many elected positions, (i) there are no minimum qualifications to hold the office, (ii) the system may be open for abuse, and (iii) that statewide changes had not been carried out on at least two occasions.^{[15][16][17][18]}

Some of the incidents highlighted by the press include:

• During the 2020 United States elections, Constable Bryan Davenport from Lycoming County was photographed blocking the entrance to a polling place while heavily armed, sparking allegations of voter intimidation. Davenport allegedly made politically charged statements to voters, refused to wear a face mask despite the ongoing COVID-19 pandemic, encouraged others to go without face masks, and told people to ignore social distancing marks on the floor.^[19]
• In November 2011, a Pennlive.com article featured two Pennsylvania State 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.^[20]
• In February 2007, New Kensington police charged a Westmoreland County constable with drunken driving after a crash in which the constable was injured.^[21]
• 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.^[22]
• In June 2003, a western Pennsylvania constable was indicted for allegedly 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.^[23]
• Constables who fatally shot three pet dogs in Allentown in 2003 agreed to settle a lawsuit for $320,000. They had been serving warrants for unpaid parking tickets.^[24]
• A Cambria County constable was a known leader of the Ku Klux Klan but continued in his constable post.^[16]
• Lehigh County Constable, Howard "Chip" Altemos, was charged with aggravated assault after shooting a fleeing unarmed man who was wanted for failure to appear in court for traffic violations.^[25]

Removed or disciplined Constables[]

• Kelly Deardorff, Elected Constable from York County – Deardorff pleaded guilty to failing to file federal income taxes from 2001 to 2005. According to Federal Prosecutors, Deardorff did not report income received from his activities as a State Constable. On February 5, 2008, Deardorff admitted that he earned more than $680,000 over those five years and did not file his tax returns. He was sentenced to 13 months in Federal Prison with a year of Federal supervision after that.^[26][27]
• Thomas L. Holt, Elected Constable from Bernville, Berks County – 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.^[28]
• Dennis J. Mulligan, Elected Constable from Reading – 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.^[28]
• Hector Carrillo, Elected Constable from Reading – Carrillo was convicted of charging the county $203 after fraudulently reporting that he had transported people to court on May 6, 2008.^[29]
• Dane A. Spring, Elected Constable from Upper Tulpehocken Township, Berks County – Spring was convicted for trying to steal millions of dollars from an armored-car company's cash storage vault in Muhlenberg Township.^[30]
• Bradley A. Buchanan, Elected Constable from Birdsboro, Berks County – Buchanan was removed from performing constable duties after his arrest on charges he sexually assaulted a 15-year-old girl he met on Facebook.^[31]
• Steven Sokoloff, Appointed Deputy Constable from Lower Merion, Montgomery County – 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.^[32] In February 2009, Sokoloff filed to run for constable in Lower Merion Township, Montgomery County.^[33] 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.^{[citation needed]}
• Michael M. Solow, Elected Constable from West Conshohocken, Montgomery County – 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.^[34] 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.^[35]
• Peter J. Wirs, Elected Constable from Harrisburg – In 1998, Peter J. Wirs was charged with fraud in connection to his ordering 23 Crown Victorias from a car dealership. Wirs attempted to procure the vehicles as part of an effort to expand the traditional duties of constables to include investigating prostitution and making traffic stops. He was convicted of theft and served jail time.^[36] However, Wirs was later exonerated by the judicial admission by the Dauphin County District Attorney that no crime occurred.^[37]
• Jack Garner, Elected Constable from South Hanover Township – Jack Garner was convicted of official oppression and impersonating a police officer after confronting female motorists in two traffic and littering incidents in Lower Paxton Township. Garner was sentenced to four months of work release confinement and 10 years of probation.^[38]
• Brian Frankhouser, Elected Constable from Mifflin County, was sentenced to 10 days to a year in jail over charges in connection with two separate incidents: charges of retaliation against a prosecutor, terroristic threats, aiding in an escape, and interfering with the custody of an inmate.^[39]
• George Galovich, a constable from Butler County, was sentenced to 90 days of house arrest after being convicted of theft by unlawful taking; he had kept $4,000 in fines he had collected instead of turning them over to a county judge.^[40]

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 statewide regulations, including issuing a statewide constable handbook.^[41] Castille further stated that the Supreme Court's minor rules committee was studying the Berks and Chester County Constable Handbook and would welcome input from judges across the Commonwealth in making a determination.

State Representative Tom Caltagirone, the former chairman of the , was 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 reform proposal. However, no successful proposal was ever introduced.^[41]

Castille ordered a study of the constabulary to get a better reign on the situation in the state. The result was the 2014 Joint State Government Committee Constable Study. In addition to providing a history of the constabulary and comparisons to other law enforcement entities, the 100-plus page review cited issues with the constabulary and offered ideas to fix them, including modification of Act 49 of 2009. The JSGC study was never acted upon during 2014 or 2015.

In 2014, the Pa Supreme Court implemented new Constable Rules of Court applicable to all constables. However, lacking a mechanism of enforcement and penalties for failure to follow, many counties and constables alike have chosen to ignore them. Some of the rules required constables to be uniformed when providing services, installing safety barriers in transport vehicles, among others.

See also[]

• List of Pennsylvania state agencies

References[]

External links[]

• About the Office of Constable (archived)
• PCCD Database - listing of Constables searchable by name, county, etc.