Tuesday, May 28, 2013

Constables - standards, policies, procedures



 

PENNSYLVANIA RULES OF JUDICIAL ADMINISTRATION

 

CONSTABLES

 

RULE 1907.1 DEFINITIONS

"Constable." Includes any elected or appointed constable or deputy constable

engaged to perform services for any court of the unified judicial system.

 

Note: For the statutorily prescribed services constables perform for

the unified judicial system, see, e.g., 44 Pa.C.S. §§ 7161 and

7161.1.

 

RULE 1907.2 POLICIES, PROCEDURES AND STANDARDS OF CONDUCT

(a) The Court Administrator shall establish uniform policies, procedures and

standards of conduct for constables who perform services for the courts.

These policies, procedures and standards of conduct shall be mandatory

for all judicial districts and constables engaged to perform services for any

court of the unified judicial system.

 

(b) The president judge of a judicial district is authorized to enact policies and

procedures consistent with those established by the Court Administrator in

section (a) as local rules pursuant to Pa.R.J.A. No. 103(c). Any policies

and procedures enacted by the president judge of a judicial district that

may deviate from the uniform policies, procedures and standards of

conduct for constables established by the Court Administrator must be

approved by the Court Administrator before promulgation. See Pa.R.J.A.

No. 505(1).

 

(c) President Judges are responsible for implementing the provisions set forth

in this rule within their respective judicial districts.

 

Comment: Constables are independent contractors, belonging analytically to the

executive branch of government. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d

985 (1991). Constables are defined as “related staff” under the Judicial Code.

Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983). While these Rules are

established pursuant to Pa. Const. Art. V, §10(c), nothing herein, or in any

document created under these Rules, shall be construed to alter the status of

constables as independent contractors and related staff.

 

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