Election Day Duties
State law requires the constable or a deputy constable to be present at the polling place of each election district while voting and counting take place, "for the purpose of preserving the peace" (44 Pa.C.S. § 7152). If the constable can't attend, a deputy constable must take on the Election Day duties. In Lancaster County, an Election Day deputy can be appointed only with court approval.
The judge of elections may also call on a constable or deputy constable to help keep order (25 P.S. § 3060). The county pays constables for Election Day service at the same rate as election inspectors and clerks (44 Pa.C.S. § 7163). Neglecting these duties is a third-degree misdemeanor (§ 7175).
Voters: The constable at your polling place is there only to keep the peace. Questions about voting, ballots, or eligibility go to the judge of elections at your polling place or to your county election office.
Sources: 44 Pa.C.S. Chapter 71; Lancaster County, Constables; 25 P.S. § 3060.
Serving the Courts
Most of a certified constable's court work comes from the Magisterial District Judges, the local courts that hear traffic and minor criminal cases, landlord–tenant disputes, and civil claims up to the jurisdictional limit. Constables serve these courts' papers, execute their warrants, transport defendants, and provide courtroom security. Only constables certified by PCCD may perform judicial duties or collect fees for them (§ 7142(a)).
To find the court that serves your area, use the Magisterial District Judge search on the Unified Judicial System of Pennsylvania website.
Arrest Authority
Borough constables may arrest without a warrant, "upon view," for several kinds of offenses (44 Pa.C.S. § 7158):
- breach of the peace, riotous or disorderly conduct, or drunkenness
- acts that endanger people's safety or property
- violations of borough ordinances that carry a fine or penalty
Constables may also arrest without a warrant for forest and timber trespass offenses when there is reasonable suspicion (§ 7155).
Fees for Service
Constable fees are set in 44 Pa.C.S. § 7161. Mileage is reimbursed at the highest rate the IRS allows. Civil and landlord–tenant fees must be paid in advance (§ 7161(a), (d)). Selected fees as written in the statute:
| Service | Fee |
|---|---|
| Serving a civil or landlord–tenant complaint, summons, or notice | $13, plus $5 for each additional defendant at the same address |
| Executing an order for possession | $13 |
| Ejectment | $90 |
| Levy on goods | $75 |
| Executing a warrant of arrest | $25 per docket |
| Arraignment or hearing | $13 |
| Transporting an incarcerated prisoner | $38, plus $13 per hour after the first hour (up to $26 per hour) |
| District court subpoena | $13 for the first witness, $5 for each additional witness at the same address |
| Courtroom security | $13 per hour |
| Each return of service | $2.50 |
Source: 44 Pa.C.S. § 7161. Most fees also include mileage. Read the full statute for the complete schedule.
Accountability
- Certification. A constable who lets liability insurance lapse automatically loses certification to perform judicial duties (§ 7142(c)).
- Court review. A court may summon a constable to investigate a complaint and report, and may act on false returns (§§ 7156(b), 7157(b)).
- Removal. On a verified petition, the Court of Common Pleas may require more security from a constable or remove them from office (§ 7172).
- Holding out. When not performing judicial duties, a constable may not present himself or herself as an agent of a court or judge (§ 7142(f)).