Pennsylvania State Constables
The office of Pennsylvania State Constable is held as a municipally elected, sworn Peace Officer throughout the state of Pennsylvania. Pennsylvania State Constables are elected in each borough, township, and city ward in the state—except in Philadelphia (Although Constables may still exercise authority in the City of Philadelphia) —and serve six-year terms. Constables may be appointed by the Court of Common Pleas of the county to serve out a term when an elected position becomes vacant. Role in Pennsylvania government. A Pennsylvania State Constable is a sworn peace officer of the executive branch who is  directly elected by and answerable to the voters of their borough, city, ward, or township. In the event of a vacancy, the court of common pleas of the county of the vacancy may appoint a Constable. The common pleas court may also inquire into the official conduct of the Constable for failure to discharge official duties or other violations and suspend or remove the Constable from office. Constables are authorized by statute to perform judicial services for the judicial branch after being trained and certified by the Constables' Education and Training Program administered by The Pennsylvania Commission on Crime and  Delinquency, but are not an officer of the judicial branch, only the executive branch. Constables thus certified for judicial duty are empowered to serve civil and criminal complaints, summonses, and notices for the minor judiciary, levy personal property for public sale to satisfy judgments, execute orders of possession and ejectment, execute warrants of arrest, effectuate the payment of fines, take custody and convey defendants and incarcerated prisoners, and provide for courthouse security. Constables are charged with keeping order at the election polls and ensuring that no qualified voter is obstructed from voting. Constables are the only law enforcement officer permitted  at the polls on Election Day, excepting those requested by the Constable or Judge of Election for assistance. Constables are empowered to arrest without a warrant for felony crimes, offenses against any law for the protection of forests and timber land, any witnessed violation of any borough ordinance for which a fine or penalty is imposed, any unlawful act endangering personal security or property, and breaches of the peace committed in their presence, anywhere in the Commonwealth. Constables are "charged with conservation of the peace, and whose business it is to arrest those who have violated it... It is the  constable's job to enforce the law and carry it out, just as the same is the job of district attorneys, sheriffs, and the police generally." Constables may direct traffic and no person shall willfully fail or refuse to comply with any lawful order or direction thereof. Constables may collect taxes under a warrant issued by the tax collector. Constables may execute an arrest warrant issued by a coroner. Powers. The primary powers of the State Constable and their deputies are established throughout many Pennsylvania laws and statues. A Pennsylvania Constable is a person elected to the public office of  Constable. Constables by virtue of their office, are Public Officials, they are Peace Officers, They are Law Enforcement Officers, and they are Police Officers. Constables are the oldest Law Enforcement in the Commonwealth of Pennsylvania. Title 234 Rules of Criminal Procedure - Rule 103 - Law Enforcement Officer: Any person who is by law given the power to enforce the law when acting within the scope of that person's employment. Police Officer: Any person who is by law given the power to arrest when acting within the scope of the person's employment. Title 75 Chapter 1 § 102 Police Officer: A  natural person authorized by law to make arrests for violations of law. Title 37 § 21.1: Law Enforcement Officer: A sheriff, Deputy Sheriff, Constable, Deputy Constable, Detective, Police Officer of this commonwealth, or any political subdivision, school district, or municipal authority thereof. Title 3 § 459-102 PA Dog Law: Police Officer: Any person employed of elected by this Commonwealth, or by any municipality and whose duty it is to preserve peace or to make arrests or to enforce the law. The term includes constables and dog, game, fish, and forest wardens. Title 18 Chapter 5 § 501: Peace Officer: Any person who  by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses. whether that duty extends to all offenses or is limited to specific offenses, or any person on active State duty pursuant to 51 Pa.C.S. §508 (relating to active duty for emergency). The term "peace officer" shall also include any member of any park police department of any county of the third class. Title 44 of Act 49 of 2009. 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. 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. As of recent Pennsylvania Superior Court ruling in the Case of Commonwealth V. Allen, Commonwealth v. Allen, 206 A.3d 1123, 2019 Pa. Super. 88 (Pa. Super. Ct. 2019. Pennsylvania Superior Court ruled that Constables have legal authority to detain individuals suspected of  DUI offenses. Like other law enforcement officers, Pennsylvania State Constables or their deputies need not obtain a license to carry a concealed firearm. Duties. Constables are required to maintain the peace and to make any arrest for violation of the law, Also Constables are required by statute to maintain order at election polls and ensure that no qualified elector is obstructed from voting. Constables are the only peace officers permitted at the polls on election day. 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. They may only perform these judicial services once they complete training and receive certification from the PCCD. (see below). Oversight. Training. Constables and Deputy Constables must complete basic training administered by the Pennsylvania Commission on Crime and Delinquency 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. 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. Some of the incidents highlighted by the press include: 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. 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 Pennsylvania House Judiciary Committee , 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. 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.