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Barriers thwart constable reform

State legislators refuse to regulate officers

This is the last of a two-part series about constables in Pennsylvania. HARRISBURG — The head of Pennsylvania's judicial system, Supreme Court Chief Justice Ronald Castille, sees the state's constable system as a medieval remnant that could benefit from reform.Yet his own court has determined constables cannot be under the control of the judiciary, so any change will have to come from the Legislature.The chief justice said most of constables' duties could be done by private individuals rather than armed law officers, but warned, "everything has a cost to it."The Associated Press found widespread agreement that the constable system remains open to abuse by armed constables who operate with minimal training and little oversight. In the 10 years since prosecutors unsuccessfully tried to get the Legislature to reform the constable system, the AP found, problems have persisted, with constables involved in dozens of cases of misconduct."Every once in a while you get a cowboy out there that does these crazy things," Castille acknowledged. But he said "generally they get isolated by the president judge so it sort of works out."Others with more regular contact with the constables are less confident, and recent efforts to force change on the system have stalled or been abandoned.A push for legislative reforms that began in the 1990s shows the level of political opposition that exists to altering a system in which about 1,200 constables serve warrants, transport prisoners and do other duties for hundreds of district courts statewide.More than a decade ago, Bradford Charles was serving as Lebanon County's district attorney when he began fielding a string of complaints about constables.People were reporting that constables had inserted themselves improperly into domestic relations cases and threatened to take children unless parents' parking fines were paid.One constable even confronted a traffic-fine scofflaw as she showered in the bathroom of her home, then watched as she dressed.Charles contacted prosecutors in other areas to see if the problem was confined to his county."There was a groundswell of, 'Yeah, this was an issue,"' Charles said.He spearheaded a statewide canvass of problems with constables that culminated in July 1998, when the Pennsylvania District Attorneys Association approved a resolution asking the Legislature to intervene.No legislative action was taken then or several years later, when a state representative took up the cause and introduced legislation to make it easier for courts to remove rogue constables.In both cases, reform efforts ran up against two powerful elements of Pennsylvania politics: the well-connected constables' lobby and the state's tradition of grass-roots control."One, the constables didn't want it," said former Rep. Peter Zug, R-Lebanon. "Two, we thought it was important ... that we have local control of what a constable should do. We couldn't get a compromise that everybody was happy with."In fact, the only constable legislation that has passed in recent years was a 2006 bill that increased their pay by about 30 percent.Local oversight soughtIn the absence of statewide action, a few counties have regulated how their constables dress for work, handle prisoners, decide which warrants to serve and process their bills.The enforceability of such rules for independently elected constables, however, is an open legal question."The constable system in general lacks an agency or responsible party to provide supervision of elected constables or their deputies," wrote Bucks County President Judge David Heckler, responding to a canvass of top county judges by the AP. "Unless a complaint rises to criminal behavior, often issues go unaddressed."Potential problems that their independence poses were underscored three years ago in Cambria County, when a group of constables briefly threatened a work stoppage over how their pay was being processed by the county.Crawford County's president judge issued an administrative order in 1999 that, among other things, requires constables who work for the courts to wear uniforms and display photographic identification when on duty, pass criminal background and child-abuse history checks, maintain a phone with an answering machine and wait eight hours after consuming alcohol before performing official duties.Constable rules also have been promulgated in Chester, Westmoreland and Berks counties. What has not been resolved is whether they raise the same separation-of-powers problem that prompted the state Supreme Court in 1991 to declare that constables belong to the executive branch and not the judicial branch.Tom Martin, a district judge in Avondale, wants the high court to order that district attorneys assign constables work and oversee their compensation. He believes county judges should not be involved in writing constable handbooks.Limited training requiredMany veteran constables say the state should impose some minimum qualifications to hold the position. They would like to see mandatory criminal background checks and psychological testing for all constables.Criminal background checks are now required only for constables who want to carry firearms; most do.When the state began conducting such checks about a decade ago, the first group of 921 constables included 38 with criminal records serious enough to cast doubt whether they were allowed to possess a gun, according to the Pennsylvania Commission on Crime and Delinquency.What's unclear is how many of the constables who have opted not to seek firearms certification have done so because they have been convicted of crimes.New constables get 80 hours of initial training — 40 more if they want to carry a gun — but some believe that is insufficient and would prefer to pair newcomers with a mentor who can teach them about the job. By comparison, deputy sheriffs and municipal officers must get more than 750 hours of basic training."The constables that get themselves in trouble go above and beyond what they're supposed to be doing," said Gayle Confer, who has been constable in the central Pennsylvania town of Middleburg since 1989. "They get a little badge-heavy, and that badge doesn't give them the authority to do some of the things they think they can do."

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