What is a Constable and What Do they Do?
For most states or counties, there are different law enforcement officials who are being used in order to keep the peace in a certain jurisdiction. Depending on the county, you would mostly find deputy sheriffs, police, and also constables.
The role of a constable differs based on the county and the state. They are actually peace officers or perhaps a sheriff. A constable is also either appointed or is being elected and that their main duty would be in keeping the peace within their assigned jurisdiction. Constables also have duties that don’t pertain to enforcing the law. They are able to serve as court processors through serving the summons towards the defendant and serve as bailiffs in the courthouse.
These professionals don’t only have the same duties as those of law enforcement officers, but they likewise share some of the rights. One good example of this would be where they are allowed in carrying a gun.
When it comes to the English law, constables are public civil officers who have the general duty in maintaining the peace that’s within its district, but they are frequently charged with the added obligations. There were also special, petty, and high constables that have existed formerly. The police even assumed the functions of constables.
A state constitution and law in the U.S in fact established prerequisites in holding the office of the constable. In most cases, a constable needs to be a U.S. citizen, a voter that’s qualified, and also a resident in the area of their jurisdiction.
The term of the office and the removal are mostly being governed by the state constitution and also on the laws. The basis of the removal may also reside in the neglect of duty.
The constable also needs to yield on the superior authority of a sheriff, chief executive, and also on the administrative officer of the county to where conflict exists about the jurisdiction.
The delivering of the summons that informs an individual of which they are a defendant in lawsuits is a crucial function of constables. The state laws in fact confer the power in serving the process. Also, the constable executes on the process of magistrates court and some tribunals as well. The courts in fact don’t instruct constables for the manner of the service process. Another thing is that the constable needs to exercise due diligence in making the service but is in fact not obligated in exerting each of the efforts.
The seizure of the debtor’s property pursuant to the court order is also another function of the constable. Also, it’s the constable’s duty in assuming custody and carefully preserving the property that is to be seized. In most cases, the constable is in fact expected in selling the property and in collecting and distributing the sale of the proceeds.
The different duties that were assigned to a constable by the local or the state law include the custody of the juries, attendance at the criminal court sessions and service of the writs or the court orders needing the performance of the specified act or in giving authority in order to have it done. The duties and the powers of the constable have been replaced by the sheriff in various jurisdictions.