Overview
Lancaster County describes a constable as "an elected or appointed officer of a municipality whose duties are like those of a sheriff, though the powers are less." Constables are elected at the municipal or ward level and serve six-year terms.
The office exists in Pennsylvania's townships, boroughs, incorporated towns, and second- and third-class cities. It was abolished in cities of the first class (Philadelphia) as of February 10, 1970.
Sources: Lancaster County, Constables; 44 Pa.C.S. §§ 7103, 7111.
Two Core Functions
- Keeping the peace at the polls. A constable or deputy constable must be present at the polling place of each election district while votes are cast and counted, "for the purpose of preserving the peace" (44 Pa.C.S. § 7152).
- Judicial duties. Certified constables serve the courts, most often the Magisterial District Judges. They serve writs, warrants, and civil and landlord–tenant process, and they transport defendants and prisoners.
Read the Duties page for the full list of services and the fees set by law.
How the Office Works
Constables are not paid a salary for court work. They are paid fees set in state law for each service, such as serving a complaint or executing a warrant, plus mileage at the highest IRS rate (44 Pa.C.S. § 7161). For Election Day service, the county pays constables at the same rate as election inspectors and clerks (§ 7163).
Several bodies oversee different parts of the office:
- The Pennsylvania Commission on Crime and Delinquency (PCCD) and its Constables' Education and Training Board set training standards and certify constables (§§ 7143–7148).
- The county Court of Common Pleas approves deputy appointments, fills vacancies, and may remove a constable on petition (§§ 7121, 7122, 7172).
- The county Clerk of Courts keeps each constable's proof of liability insurance on file (§ 7142).
Certification & Insurance
A constable or deputy constable may not perform judicial duties, or collect fees for them, without PCCD certification (44 Pa.C.S. § 7142(a)).
| Requirement | Details |
|---|---|
| Basic Training | 80 hours (§ 7145). PCCD course cost: $1,125. |
| Continuing Education | Required every year to renew certification. The PCCD course is 20 hours (8 in the classroom, 12 online) and costs $210. By law, the requirement can't exceed 40 hours a year (§ 7146). |
| Firearms | Required only for constables who carry a firearm on duty. PCCD offers a 40-hour Basic Firearms course ($1,485) and an annual qualification course (§ 7148). |
| Liability insurance | At least $250,000 per incident and $500,000 aggregate per year. Proof is filed with the Clerk of Courts. If coverage lapses, the constable automatically loses certification (§ 7142(b)–(c)). |
Sources: PCCD, Constables' Education & Training; 44 Pa.C.S. Chapter 71. Course costs are as published by PCCD and may change.
Legal History
Constables are one of Pennsylvania's oldest local offices. Today, the laws governing them are collected in Title 44, Chapter 71 of the Pennsylvania Consolidated Statutes. That chapter was added by Act 49 of 2009 (October 9, 2009, P.L. 494).
Mandatory training and certification came from legislation in the 1990s. PCCD's Constables' Education and Training Board traces its origin to Act 102 of 1992, and the certification program was put in place by Act 44 of 1994. The first Basic Training classes were held in 1997.
Sources: 44 Pa.C.S. Chapter 71; PCCD, Constables' Education and Training Board; PCCD, Public Safety Training.
Limits on the Office
- A constable may not also serve as a magisterial district judge or alderman (§ 7131(a)).
- When not performing judicial duties, a constable may not present himself or herself as an agent of a court or judge (§ 7142(f)).
- A constable who is also a police officer may not collect constable fees on top of a police salary, except for public rewards and legal mileage (§ 7132(a)).
- Neglecting the duties the Election Code assigns to constables is a third-degree misdemeanor (§ 7175).