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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | February 21, 2013 03:49 PM |
|---|---|
| From: | Representative Thomas R. Caltagirone |
| To: | All House members |
| Subject: | Constable Study Resolution |
| In the near future, I will be introducing a resolution calling on the Joint State Government Commission to conduct a comprehensive study of all aspects concerning constables in Pennsylvania, and make recommendations. For some time now, it has been obvious the constable system in Pennsylvania is in need of revision to upgrade everything from training to oversight. Previous attempts at crafting a bill encountered segmented opposition, and some valid points were made in that regard. Ultimately, efforts at crafting a bill to usher in reform have foundered. As it turns out, each area's constables think their way is the right way and everyone else needs to get in step. This resolution would task the commission to study all aspects of the constable system and make recommendations for improvement and upgrade, including how we select constables, who perform important functions, especially for our minor judiciary. While constables are of ancient origin, they are not provided for in the 1968 Pennsylvania Constitution, which makes them an entity of statutory creation. This study will examine the landscape which spawned them, assess contemporary needs and concerns, and make recommendations for system-wide improvement, which will eventually result in comprehensive reform legislation. It has become apparent we must act in this regard, as anecdotal evidence illustrates the need for such action. We presently have a patchwork of highly localized customs and practices in the practice of the constable profession. Often we find duties that are expected of constables in one county are prohibited them in some other counties, often by court order. This might be tolerable except for the fact that all constables presently have statewide jurisdiction. No other elected official anywhere operates under this much ambiguity. Every other elected official in Pennsylvania can go to some source for fairly unambiguous advice on what they may and may not do. The newspapers have been filled with horror stories about some bad behaviors on the part of some constables and attempts by some others to justify those behaviors based on a local custom. This cannot be tolerated much longer. The public deserves clarity. I invite you to join me in co-sponsoring this important resolution. The time to act is now. The report generated from this resolution will guide us in how best to craft the form of that action going forward. |
Introduced as HR138