[6][7] Constables may be appointed by the Court of Common Pleas of the county to serve out a term when an elected position becomes vacant.
[13] Constables thus certified for judicial duty are empowered to serve civil and criminal complaints, summonses, and notices for the minor judiciary, levy personal property for public sale to satisfy judgments, execute orders of possession and ejectment, execute warrants of arrest, effectuate the payment of fines, take custody and convey defendants and incarcerated prisoners, and provide for courthouse security.
Constables are charged with keeping order at the election polls and ensuring that no qualified voter is obstructed from voting.
Constables are empowered to arrest without a warrant for felony crimes, offenses against any law for the protection of forests and timber land, any witnessed violation of any borough ordinance for which a fine or penalty is imposed, any unlawful act endangering personal security or property, and breaches of the peace committed in their presence, anywhere in the Commonwealth.
[28] A Pennsylvania State Constable may choose to exercise their ability to serve the judicial system, although, Constables are not entitled to any form of Judicial duties from any court system in the Commonwealth, Case citation added below, although they MAY be given work from District courts if that Constable again, chooses to exercise those privileges, duties including 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 judgment.
[29] The initial basic training course consists of classroom instructions on the use of force, professional development, civil law, criminal law, prisoner transport, courtroom security, defensive tactics, use of OC spray and baton, mechanics of arrest, the role of the Constable, and crisis intervention.
Controversy over the role of elected constables in the Commonwealth of Pennsylvania has been raised by the print media, including the Associated Press.
One Associated Press series reviewed the constabulary's legal status and asserted that, as in many elected positions, (i) there are no minimum qualifications to hold the office, (ii) the system may be open for abuse, and (iii) that statewide changes had not been carried out on at least two occasions.
[31][32][33][34] Some of the incidents highlighted by the press include: On December 30, 2008, Ronald Castille, the Chief Justice of the Pennsylvania Supreme Court told the Associated Press that the Court was studying implementing statewide regulations, including issuing a statewide constable handbook.
[58] Castille further stated that the Supreme Court's minor rules committee was studying the Berks and Chester County Constable Handbook and would welcome input from judges across the Commonwealth in making a determination.
State Representative Tom Caltagirone, the former chairman of the Pennsylvania House Judiciary Committee, was working on possible reforms to the constable system.
However, lacking a mechanism of enforcement and penalties for failure to follow, many counties and constables alike have chosen to ignore them.
Some of the rules required constables to be uniformed when providing services, installing safety barriers in transport vehicles, among others.