Everything about Constables totally explained
» For other uses, see constable (disambiguation).
A
constable is a person holding a particular office, most commonly in
law enforcement. The office of constable can vary significantly in different jurisdictions.
Etymology
Historically, the title comes from the
Latin comes stabuli (
count of the
stables) and originated from the
Eastern Roman Empire; originally, the constable was the officer responsible for keeping the
horses of a
lord or
monarch. The title was imported to the
monarchies of
medieval Europe, and in many countries developed into a high
military rank and great officer of State (for example the
Constable of France).
Most constables in modern jurisdictions are
law enforcement officers; in the
United Kingdom,
Commonwealth of Nations and some
European countries, a constable is the lowest rank of
police officer, while in the
United States a constable is generally an elected
peace officer with lesser jurisdiction than a
sheriff. However, in the
Channel Islands a constable is an elected office-holder at the
parish level.
Historically, a constable could also be someone in charge of the defence of a
castle. Even today, there's a Constable of the
Tower of London.
The equivalent position is that of
Marshal.
Historical usage
Byzantine Empire
The position of constable originated from the
Byzantine Empire; by the
5th century AD the
comes stabuli, or count of the stable, was responsible for the keeping of
horses at the imperial court.
France
The Constable of
France (
Connétable de France), under the
French monarchy, was the
First Officer of the Crown of France and was originally responsible for commanding the
army. His symbol of office was a
sword in a sheath of
royal blue.
The office of
Lord High Constable, one of the
Great Officers of State, was established in
England and
Scotland during the reign of
King Stephen (1135-1154) and was responsible for the command of the army. The term was also used at the local level within the
feudal system however, describing an officer appointed to keep order. One of the first descriptions of the legal role of a constable comes from
Bracton, a jurist writing between 1220 and 1250:
In whatever way they come and on whatever day, it's the duty of the constable to enroll everything in order, for he's record as to the things he sees; but he can't judge, because there's no judgment at the Tower, since there the third element of a judicial proceeding is lacking, namely a judge and jurisdiction. He has record as to matters of fact, not matters of judgment and law.
In Bracton's time, anyone seeing a "misdeed" was empowered to make an arrest, whether or not they were a constable. The role of the constable in Bracton's description was as the "eyes and ears" of the court, finding evidence and recording facts on which judges could make a ruling. By extension, the constable was also the "strong arm" of the court (for example, of the
common law), marking the basic role of the constable that continues into the present-day.
In 1285, King
Edward I of England passed the Statute of Winchester, which "constituted two constables in every
hundred to prevent defaults in towns and highways". There are records of parish constables by the
17th century in the county records of
Buckinghamshire; traditionally they were elected by the parishioners, but from
1617 onwards were typically appointed by
justices of the peace in each county. and outside London by the
County Police Act 1839, which allowed
counties to establish full-time professional police forces. However, the term "constable" was still used by officers of the new police forces, and most outside London were headed by a
chief constable. This system is still used today.
Other European nations
The position of hereditary constable persists in some current or former
monarchies of
Europe. The position of
Lord High Constable of Scotland is hereditary in the family of the
Earl of Erroll. There is also a hereditary constable of
Navarre in
Spain; this position is presently held by the
Duchess of Alba.
The next rank is
vanhempi konstaapeli or Senior Constable.
The next highest rank (equivalent to a Police
Sergeant in the English-speaking world) is
ylikonstaapeli (
yli- "leading"), literally "Over-Constable".
United Kingdom and the Commonwealth
In the
legal systems of the United Kingdom and similar jurisdictions, a constable has the additional legal powers of
arrest and control of the public given to him or her directly by a sworn
oath and
warrant, rather than being delegated powers that he or she's simply because of employment as a police officer. Technically this means that each sworn constable is an independent legal official rather than simply an agent of the police. It also means that all sworn police officers of all ranks in these countries legally are constables, since it's from this office that they derive their powers, although the term usually refers to a police officer who holds no rank.
Senior Constable can sometimes mean the head of the police force in an area, but this isn't the case in the UK. In
Australia it generally refers to a police officer of the rank above constable. The New South Wales Police Force has three grades of Senior Constable, namely Senior Constable (2 chevrons), Incremental Senior Constable (2 chevrons and a bar) and Leading Senior Constable (2 chevrons and 2 bars). However Leading Senior Constable isn't a rank
per se, rather it's a temporary "training" position and isn't senior to Incremental Senior Constable.
Head Constable is the title for a police sergeant in some Commonwealth police forces. It was also the title of some
British police force chiefs until police ranks were standardised.
For more information, see
police or
United Kingdom police.
Canada
In
Canada, as in the
United Kingdom, Constable (translated to
Canadian French as
Gendarme) is the lowest rank in most
police services, including the
Royal Canadian Mounted Police.
In addition, the
chief officers of some
municipal police services in Canada, notably
Vancouver Police Department, carry the title of
Chief Constable.
Channel Islands
In
Jersey and
Guernsey, the elected heads of the
Parishes are titled "constables" (
connétables in
French). The constables are entitled each to carry a silver-tipped baton of office.
In Jersey, each
parish elects a constable for a three year mandate to run the parish and also represent the parish in the legislature, the
States of Jersey. The constable presides over the Roads Committee, the Conseil Paroissial (except St. Helier) and Parish Assemblies. The twelve constables also collectively sit as the Comité des Connétables. The constable is the titular head of the
Honorary Police. With the Roads Inspectors, Roads Committee and other officers, the constable of each parish also carries out the
visites du branchage twice a year.
In Guernsey, each
parish elects two constables, the senior constable and the junior constable. Persons elected generally serve a year as junior and then senior constable. The senior constable presides over the Douzaine that runs the parish. The constables are responsible for enforcing the
brancage (summer hedge-cutting) and also have the power to declare any parishioner
insane.
United States
In the
United States, there's no consistent use of the office of constable across the states, and use may vary even within a state. A constable may merely be an official responsible for
service of process: such as
summonses and
subpoenas for people to appear in court in criminal and/or civil matters. Or, they may be fully empowered
law enforcement officers. They may also have additional specialized duties unique to the office. In some states, a constable may be appointed by the judge of the court which he or she serves; in others the constable is an elected or appointed position at the village,
precinct or
township level of local government.
The office developed from its
British counterpart during the colonial period. Prior to the modernization of law enforcement which took place in the middle 19th century, local law enforcement was performed by constables and
watchmen. Constables were appointed or elected at the local level for specific terms and, like their UK counterparts the
Parish Constable, were not paid and didn't wear a uniform. However, they were often paid a fee by the courts for each
writ served and
warrant executed. Following the example of the
British Metropolitan Police established in 1829, the states gradually enacted laws to permit municipalities to establish police departments. This differed from the UK in that the old system wasn't uniformly abolished in every state. Often the enacting legislation of the state conferred a police officer with the powers of a constable, the most important of these powers being the
common law power of arrest. Police and constables exist concurrently in many jurisdictions. Perhaps because of this, the title "constable" isn't used for police of any rank. The lowest rank in a police organization would be officer, deputy, patrolman,
trooper, and historically,
private, depending on the particular organization.
In many states, constables don't conduct patrols or preventive policing activities. In such states the office is relatively obscure to its citizens.
A constable may be assisted by deputy constables as sworn officers or constable's officers as civil staff, usually as process servers. In some states, villages or towns, an office with similar duties is
marshal.
Alabama
In
Alabama, a constable is traditionally elected in each
precinct, a subdivision of a
county. Constables are
peace officers and have full powers of
arrest, stop and search within their county. They are generally responsible for serving
warrants and acting as
process servers, as well as patrolling the streets and providing security for civic events. They are not funded from general tax revenues; instead, constables' fees are paid by the
criminals they arrest.
In
Mobile County, all constables are required to complete
law enforcement training, except for those currently in office who are
grandfathered in. In some other counties, the office of constable has been largely abandoned.
Arizona
In Arizona, a constable is an elected officer of the county for the
Justice of the Peace Court and must live in the
precinct to which they're elected. The constable serves a four year term and has similar powers and duties to
sheriffs.
In Arizona law, the authority of constables is defined by Arizona Revised Statutes Title 22, Section 131. Constables have the same powers as
sheriffs, but their primary responsibility is the
service of process for the
Justice of the Peace courts, serving
summons subpoenas, and perform
orders,
injunctions, and
writs. Constables must undergo training, and their expenses are paid by the
county board of supervisors. Constables receive a salary from their respective counties based on the number of registered voters who reside in their precinct. Constables are peace officers but in Arizona don't regularly perform police functions such as patrol and criminal investigations. Although Constables don't regularly perform police functions, some Constables and Deputy Constables are certified officers by this state and take enforcement action when necessary.
Arkansas
In
Arkansas, a constable is an elected office at the
township level, although Constables are considered
county officers. The office of Constable, which is a
partisan office, is guaranteed by the
1874 Constitution of Arkansas, which provides for the election of a constable in each
township for a two-year term. Constables are
peace officers with full police powers.
California
Historically, constables in California were attached to the
justice courts, the lowest tier of the state court system (whereas
sheriffs were attached to the county
superior courts, and marshals to the
municipal courts). When the state courts were unified in
2000, with the
superior court fulfilling all judicial functions, the need for the position of constable was eliminated. The few constables that remained on duty when the state courts were reorganized in 2000, even in remote regions of the state, were eventually absorbed into sheriff or police agencies. Constables as such had full police powers and carried out occasional to frequent patrol work in addition to their paper serving duties, and were attached to the former justice courts, and were either elected by popular vote or appointed by the presiding judge of the county's supreme court.
Connecticut
There are two types of constables in Connecticut.
Special Constables are appointed by Towns. In general, they're appointed to serve as police officers and expected to have or complete the requirements of the Police Officer Standards & Training Council in order to do so. Special Constables normally work under the supervision of a Resident State Trooper contracted by the town (a requirement of the Connecticut State Police if the Town wishes their Constables to be dispatched by the State Police or have access to the radio and computer system of the State Police). The system of Resident State Trooper and Constables is used by many medium sized towns as a cost effective way of providing increased police patrols while the State Police retain primary responsibility to provide additional levels of supervision, dispatch, Detective, and other specialized services.
Constables who are elected officials are generally limited to serving civil process within the town they're elected by. The election are held every two years, except communities which by local ordinance or charter have set the term of office at four years. While a small number of towns will also allow the Constables to perform traffic control and event security functions, most strictly prohibit their Constables from acting in any official capacity on behalf of the Town. The authority to act as a law enforcement officer by nature of their office was removed in 1984, at which time they became subject to the Police Officer Standards & Training Council requirements. In 1984 these requirements were for 480 hours of training, which could be completed in 120 hour long "blocks" which were offered as part-time evening classes. With completion of each block came expansion of the types of law enforcement the officer could perform. While it was never common after 1984 to have elected Constables with law enforcement powers, there were a few who did complete certification. As of 2007, POST requirements of 680 hours of training provided on a full-time basis for new officers, followed by 400 hours of training provided by a certified Field Training Officer make completing the requirements to be a law enforcement officer impractical for elected Constables.
Historically, Constables had been the key office for providing law enforcement in rural Connecticut. Connecticut never developed a strong institution of County Sheriffs providing general police services. From colonial times through the 1940s, Town Constables would work with two other Town officials -- the Investigating Grand Juror and Prosecuting Grand Juror -- in the initial handling of criminal investigations, arrests, and the "binding over" of serious crimes from the Town's Justice Court to a higher court. A series of reforms in regulations, statutes, and the state Constitution in the 1950s and 1960s removed the involvement of towns in these matters. In towns without a local Police Chief, investigations became the exclusive responsibility of the State Police, while State Prosecutors took over the prosecution of cases, and the court system was flattened by the elimination of courts with criminal venue below the level of the Superior Court.
Delaware
Transplanted from England to Delaware in the early colonial period, the constable’s main responsibilities were keeping the peace, serving the courts, and executing court orders and process. Legislation relating to constables didn't appear in Delaware until 1770. This act required constables at the end of their terms to return the names of three freeholders to the Court of General Sessions, who then appointed one to serve the next year.
Constables still serve the Justice of the Peace courts and they're appointed by the Chief Magistrate. The constables duties include execution of court orders, writs and warrants, serving summonses and subpoenas, collecting debts and fines, and providing courtroom security.
Any non-profit corporation, civic association, or governmental entity which has buildings and grounds open to the public may request for the appointment of constables to serve as peace officers in order to protect life and property. The Board of Examiners shall appoint and commission such numbers of constables as it deems necessary to preserve the peace and good order of the State. To be approved by the Board of Examiners, a constable shall be 21 years of age or older and must meet the minimum standards established Council on Police Training. The constable shall exercise the same powers as law enforcement officers while in the performance of the lawful duties of their employment.
Constables are currently appointed to Bayhealth Medical Center, Christiana Care Health System, Delaware Technical and Community College, Dover Downs, and Wilmington University.
Georgia
In Georgia, constables are court officers whose powers and duties are: (1) To attend regularly all sessions of magistrate court; (2) To pay promptly over money collected by them to the magistrate court; (3) To execute and return all warrants, summonses, executions, and other processes directed to them by the magistrate court; and (4) To perform such other duties as are required of them by law or as necessarily appertain to their offices.
Idaho
The office of constable was first established in
Idaho in
1887; constables originally attended the
Justice of the Peace courts and were officers of a
precinct. Although the
Idaho Statutes still provide for the appointment of
election constables to keep order during elections (Title 34, Chapter 11) and define constables as
peace officers,, the position was effectively eliminated in
1970, when the
Idaho Legislature's Election Reform Act removed all provisions for the appointment of constables. As such, there are no longer any constables serving in Idaho.
Prior to the
1970s, the main function of the constables was to provide court service and security to the
Justice of the Peace courts. However, since these have been eliminated by judicial reform, the office of constable now has few real functions. Constables still have the power of arrest and to execute
warrants,
subpoenas,
summonses and other court documents, and are required to execute any court process given to them. On the approval of the
Fiscal Court (the
legislature of the county) they may equip their vehicles with oscillating blue lights and
sirens.
The Mississippi Constables Association maintains a website at http://msconstables.org/.
Nevada
The constable is an elected peace officer. They are primarily process servers; the
Nevada statutes
define their responsibilities and fees.
New Hampshire
Constables are elected peace officers. They have broad law enforcement powers, including motor-vehicle laws.
New Jersey
A constable is considered a "peace officer" under NJ statutes. Modern-day New Jersey police officers inherit their authority from the constable. Constables may exercise their functions and perform their duties anywhere in the county wherein the appointing municipality is located. Constables are appointed by their city government (city council) via the Clerk's Office and their office term is determined by the municipal government body. They answer to the city council or police chief via monthly activity reports. There seems to be some confusion as to whether they should be identified as municipal, town, city or county constables.
Their powers are mainly focused on the enforcement of civil law although state legislature grants them the power to also enforce criminal and motor vehicle laws. Currently, there's legislation pending approval which will require all current and future NJ constables to undergo police training within six months of appointment.
New York
Constables serve at the pleasure of the local towns and villages, usually in a civil aspect for the courts. However, constables are considered law enforcement officers under
New York State law. Their powers can be limited by each jurisdiction.
Constables are considered peace officers (NY Criminal Procedure Section 2.10) and have arrest powers within their jurisdiction while on duty (section 2.20) and must complete peace officer training as approved by the NY Division of Criminal Justice Services. see http://www.peaceofficeracademy.com/
There are restrictions on whether appointed constables can have peace officer powers based on the whether the municipality is a town or village and the number of residents. If a constable isn't appointed as a constable with peace officer powers, they can only serve civil process?
Ohio
The appointment of constables is authorized by the Ohio Revised Code, which defines several roles for them. Constables serve as police officers of some small towns and
townships, or as officers of some minor courts. A "special constable" may also be appointed by a municipal court judge for a renewable one-year term upon application by any three "freeholders" (landowners) of the county, who are then responsible for paying the special constable.
Duly-sworn Ohio constables are considered "peace officers" under Ohio law, as are sheriffs, municipal police officers, state park rangers,
Highway Patrol officers, etc., and have full law-enforcement authority within their
jurisdictions (The Ohio Administrative Code defines a township constables jurisdiction as statewide). With some exceptions, constables must post bonds and undergo police training. They are required to serve court papers when so ordered, and to apprehend and bring to justice any lawbreakers or
fugitives, suppress
riots or unlawful assemblies, enforce state law and generally keep the peace.
It has been suggested that the office is redundant and should be eliminated; a proposal was mounted to give
counties the option to eliminate the office of constable where it's no longer required.
Pennsylvania
Constables in Pennsylvania are elected and serve a six-year term, they're 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.
Constables are considered to be the "People's Peace Officers" because of their Constitutional origin, and as elected officials they're 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've statewide authority, thus the title became "State Constable".
Constables have powers that differ from those of police officers and sheriffs. Constables are empowered to enforce both criminal and civil laws. Police Officers are empowered to enforce criminal and traffic laws. Sheriffs 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
South Carolina
Constables are appointed by the Governor of South Carolina and are generally used to assist the police in any particular jurisdiction. They mainly have arrest authorities while they're escorted by police in that jurisdiction. They can act with full police powers in instances of emergencies when police are not immediately available and when a threat of life is present. Any handguns they carry must be concealed unless they're in a state approved uniform.
South Carolina State Constable Alliance http://www.scconstable.org/
Tennessee
Constable is an elected position with full power of arrest and is a state peace officer. The
Tennessee State Constitution was amended in
1978 so as not to require counties to have this office; prior to this point, it was mandatory to elect constables in each county. Subsequent statutory law has allowed its continuance in certain counties, with the stipulation that there be no more than half as many constables in a county as there are county commissioners in that county, except in counties where the general law provides for an exception by county population brackets. Constables are elected to four year terms in August of the years coincident with
presidential elections; unexpired terms are filled by
special election, but such special election must be held coincidentally with another, scheduled election. In some counties, constable is a
partisan office; in others all candidates run as
independents.
Texas
See article: Texas Constable
The
Texas Constitution of 1956 (Article 5, Section 18) provides for the election of a constable in each
precinct of a county, and counties may have between one and eight precincts each depending on their population. Currently, the term of office for Texas constables is four years. However, when vacancies arise, the commissioners court of the respective county has the authority to appoint a replacement to serve out the remaining term.
In Texas, constables and their deputies are fully empowered peace officers with county-wide jurisdiction and thus, may legally exercise their authority in any precinct within their county ; however, some constables’ offices limit themselves to providing law enforcement services only to their respective precinct, except in the case of serving civil and criminal process. Constables and their deputies may serve civil process in any precinct in their county and any contiguous county and can serve warrants anywhere in the state.
The duties of a Texas constable generally include providing
bailiffs for the
justice of the peace court(s) within his precinct and serving process issued therefrom and from any other court. Moreover, some constables’ offices limit themselves to only these activities but others provide patrol, investigative, and security services as well.
In 2000, there were 2,630 full-time deputies and 418 reserve deputies working for the 760 constables’ offices in Texas. Of this number, 35% were primarily assigned to patrol, 33% to serving process, 12% to court security, and 7% to criminal investigations. The Harris County Precinct 4 and 5 Constables’ Offices are the largest constables’ offices in Texas with over 300 deputies each.
Utah
Utah Constables are appointed by the political governing body which they serve - County, City, etc. They are fully empowered peace officers but are not tasked with "General Law Enforcement Duties." They serve process, provide court security (Bailiff duties), transport prisoners, seize property, enforce writs of all types and effect service of arrest warrants and may make probable cause arrests.
Vermont
Constables are generally elected by the town. They are charged with service of process; the destruction of unlicensed or dangerous dogs or wolf-hybrids, and of injured deer; removal of disorderly people from
town meetings; collection of taxes, when no tax collector is elected; and other duties. Constables have full law enforcement authority unless the town votes to either remove the authority or require training before such authority is exercised. Cities and villages may also have constables. Their duties and method of selection are governed by the
corporation's charter.
West Virginia
David F. Green of Davy, West Virginia was the last person to hold the elected office of Constable in West Virginia.
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