Constable

What is the process to be appointed a Constable?

1. A petition for appointment of constable is presented to the President Judge after being filed in the Clerk of Courts Office and upon payment of $25.00 filing fee (includes $5.00 automation fee) payable to the Clerk of Courts Office. For more constable vacancy information, click here
2. The Adams County Clerk of Courts will file and send to the President Judge.
3. The President Judge signs a final order appointing or denying the petition. The orders will indicate a bond to be filed if the petition is approved. Once an order is filed, you will be served a copy.
4. Before assuming their duties, newly elected or re-elected constables MUST appear before the Court of Common Pleas the first Monday in January following their election to accept or decline the office of constable and be sworn in by the President Judge as per Act 49 of 2009. Elected constables may be sworn in by a Magisterial District Judge prior to the first Monday in January BUT are still required to appear in Common Pleas Court to accept or decline the office. Subsequently appointed constables in the event of constable vacancy or deputy constables may be sworn in by a Magisterial District Judge or Clerk of Courts. The original Oath is filed in the Clerk of Courts office or any Adams County Magisterial District Judge. The original oath is filed in the Clerk’s office.
5. In Adams County, the bond and oath of a constable are filed in the Clerk of Courts Office. A bond payable to or in the name of Commonwealth of Pennsylvania in the amount of $2500.00 MUST be filed with the Oath of Office. The Clerk's office will NOT accept Oaths for filing that are not accompanied by the bond. A copy of the bond must also be filed with Court Administration. There is a $20.00 filing fee for the bond as well as the annual Certificate of Insurance that must be filed.  The miscellaneous docket number MUST be included on all documents filed in the Clerk of Courts office.
6. The Clerk of Courts office will notify the Magisterial District Judges and the Pennsylvania Commission on Crime and Delinquency.

Appointing Deputy Constables…

Deputy Constables are appointed by the elected constable and must be residents of the municipality and/or precinct of the appointing constable.
1. The constable completes a request for appointment of deputy constable and presents it to the Court along with a $25.00 filing fee (includes one time $5.00 automation fee).
2. The President Judge denies or grants the request.
3. The order is filed in the Clerk of Courts office 
4. A bond is posted in the amount of $2,500.00. A bond payable to or in the name of Commonwealth of Pennsylvania in the amount of $2,500 MUST be filed with the Oath of Office. The Clerk's office will NOT accept Oaths for filing that are not accompanied by the $2,500 bond. A copy of the bond must also be filed with Court Administration.  There is a $20.00 filing fee for the bond as well as the annual Certificate of Insurance that must be filed.
5. Oath MUST be taken prior to assuming their Election Day duties.
6. Deputy constables must be insured and certified under 42 Pa. C.S.A. § 2941
Reference: 13 P.S. Sec 21 and 22. 

Insurance Requirements…

Constables performing judicial duties have the added requirement of filing proof of liability insurance in the amounts of $250,000 - $500,000 each year at the Clerk of Courts. 42 Pa. C.S.A. § 2942(b) and 42 Pa. C.S.A. § 2942(c). There is a $20.00 filing fee for the Certificate of Insurance. The Clerk of Courts Office will upload the appropriate documents to the Pennsylvania Commission on Crime and Delinquency through their website.   
 
Deputy Constables aka “Election Day Constables”…

Constables are required under Pennsylvania law to be present at their polling place(s) on Election Day to preserve order at the polls. If the constable is unable to attend, a deputy constable must assume the duties of the constable on Election Day. A constable may appoint a deputy to serve on Election Day only with the approval of the Court.