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Reforms, training sought for jobs

Emil Minnar, left, and Thomas Impink, both of the Pennsylvania State Constables' Association, listen to questions after testifying during a House Judiciary Committee public hearing in Harrisburg on Wednesday.

HARRISBURG — Pennsylvania's 1,200 constables will probably see much greater supervision by the courts and will be subject to more rigorous training requirements, a key state lawmaker said Wednesday after a hearing on the topic.

House Judiciary Committee Chairman Tom Caltagirone and Chief Justice Ronald Castille said the approaches came out of a meeting they had last month.

Constables are elected or appointed and serve warrants, transport prisoners and perform other jobs for hundreds of district courts throughout the state.

Castille said he was meeting with the counties' president judges in Harrisburg today to discuss how to improve oversight of the constables. The high court's Minor Court Rules Committee is developing a handbook for constables, subject to approval by the justices.

"I think we can make it more efficient," Castille said. "Who knows, maybe we can abolish them. But somebody's got to do the work somehow, perhaps sheriffs, since they do the same for the common pleas courts."

Caltagirone, D-Berks, does not want to eliminate the office, saying it provides vital services to the state's low-level magisterial district courts. He plans to develop legislation that draws together the scattered state laws that govern constables, sets new training requirements and clarifies their duties.

"I don't think anyone has a definitive answer as to what exactly are their duties," said Michael Kane, executive director of the Pennsylvania Commission on Crime and Delinquency. "That is part of the problem."

Last year, The Associated Press reported how the system was plagued by criminal misbehavior, inadequate training and poor oversight. The AP described how constables have been involved in dozens of cases of serious misconduct over the past decade, from homicide and sexual assault to theft of court funds and weapons offenses.

Caltagirone has said the AP series led him to conclude it was time to address the problems.

Castille said he was disturbed by reports that some constables have been collecting pay that reaches well into six figures. He said he is considering asking Jack Wagner, the state's auditor general, to examine that issue.

There is no timeline for when new court guidelines might be in place, Castille said.

"There's nothing that I see immediately pressing," he said. "Some counties apparently are doing very well with them in supervising them, like Chester County."

At the three-hour Judiciary Committee hearing in Harrisburg, lawmakers heard numerous suggestions about potential improvements to the system.

Witnesses described problems with fraudulent or wasteful constable billing practices.

The County Commissioners' Association of Pennsylvania said it wants counties to be able to abolish constables or at least have better supervision put in place. It also wants to refine the constables' fee-for-service payment system and to stop paying constables to provide polling place security during elections.

Constables have been known to go beyond their authority and assume police duties, said Emil Minnar, executive director of the Pennsylvania State Constables Association. He said a lack of clarity about their responsibilities is often at the root of misconduct.

A 1991 Pennsylvania Supreme Court case that declared constables to be independent contractors and within the executive branch of government has often been blamed for the system's inadequate accountability and inconsistent practices.

Castille called that ruling problematic but not an insurmountable barrier to greater regulation.

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