Probe sheds light on abuses
This is the first of a two-part series about constables in Pennsylvania. The story below is about constables in Butler County. The second article will run in Tuesday's edition.HARRISBURG — Valerie Hubbard was half asleep in her 11-year-old son's bedroom just before midnight — they had been watching "Ratatouille" on DVD — when three constables crashed through the locked first-floor door of her apartment house.She did not know they were there to arrest her for unpaid parking tickets."I was scared to death," she said. "They made me feel like I was a real criminal, like I had done this terrible thing."In 1998, state prosecutors asked the state Legislature to regulate constables, citing complaints of constables being too heavy-handed or in many cases acting criminally. But lawmakers balked because constables are independent contractors who are elected locally and carry out work for county judges, and legislators did not want to interfere with local control.Ten years later, despite some local tightening of regulations, the system remains plagued by problems that continue to demonstrate a need for reform, The Associated Press found.In a review of court records, government files and news accounts, the AP identified dozens of cases of serious misconduct by constables during the past 10 years. And in interviews with judges, prosecutors, defense lawyers, police and county government officials, the AP found widespread belief the system remains open to abuse by armed constables who operate with minimal training and oversight.There are virtually no qualifications to hold the office. Constable duties include making arrests for warrants, serving civil papers and transporting prisoners for the low-level district courts.Training and equipment are often far below police standards. The constables' unusual legal status as independent contractors means they exercise considerable legal authority with virtually no supervision or accountability.Many judges, prosecutors and police officers believe oversight and standards are too weak, and some of the state's longest-serving and most respected constables agree."The good constables, which are the majority, want those bad apples out," said Chuck Benhayon, a Bucks County constable who is on the Constables' Education and Training Board.Some also worry about unreported abuses."Their work is very hidden, and they deal with individuals within the criminal justice system who don't have much lobby power, influence or sympathy," said Blair County President Judge Jolene Kopriva. "So they are individuals who can be taken advantage of easily. Not many people would care."
The AP found cases over the past decade in which constables have been caught molesting children, having sex with prisoners and stealing court funds. One was caught by the attorney general's child predator unit seeking a sexual liaison with someone he thought was a 14-year-old girl.Constables have been convicted of federal weapons and tax evasion charges. A Johnstown constable was a leader of the Ku Klux Klan, and an Erie constable was barred from court work after being accused of discriminating against blacks.A constable in Altoona accidentally discharged his gun inside a courtroom, several have been accused of threatening people with weapons, a Butler County constable died of a heroin overdose and several constables have been accused of illegally impersonating police.Five years ago in Ford City, 21-year-old constable James W. Schaffhauser murdered his girlfriend and then killed himself over their breakup.And in Harrisburg, Constable Peter J. Wirs served jail time for theft after police charged him in 1998 with fraud in ordering 23 Crown Victorias from a car dealership as he embarked on a bizarre effort to expand the duties of constables by investigating prostitution and pulling over motorists.
State law allows for removal of constables by county president judges under certain circumstances, but the procedure is rarely used. Some believe the removal procedure would help address the problems if it were used more often.The precise number of constables who hold office in Pennsylvania, like much about the current system, is unclear. Ten years ago, the National Constables Association counted some 6,000 constables.Only about 1,200 of them have completed the training and maintained the liability insurance required to do court-related duties, according to the Pennsylvania Commission on Crime and Delinquency. About 800 others have voluntarily registered with the commission but are not certified for court work.Perhaps as many as a couple thousand more have been elected in local races and qualify for special "peace officer" arrest powers. They are entitled to serve as paid security at polling places on election day, but without state training and certification they cannot work for the courts.However many there are, constables are independent contractors under a 1991 Pennsylvania Supreme Court decision that moved them out of the judiciary and into the executive branch.The state crime commission oversees what limited training exists: 120 hours for new constables who want to carry a gun. That compared with the more than 750 hours of training required for both deputy sheriffs and police officers.Constables are elected to six-year terms.
For all the problems with constables, court officials describe most of them as honest and hardworking, and there is agreement that increased training requirements have improved their professionalism.They handle a massive amount of work for the district judges, who preside over traffic cases, less serious crime and minor civil disputes and arraign and set bail for those accused of more significant offenses."Every county that utilizes constables (is) getting more than their money's worth," said Jack Esher, head of the Pennsylvania State Constables Association.But critics argue the constable system has long outlived its usefulness, calling it prone to corruption, inefficient and so flawed that it ought to be scrapped and its duties and $30 million annual cost turned over to county sheriffs' offices."There are some people out there doing a good job, but the system itself doesn't work," said Bruce Edwards, president of the state troopers' union. "It doesn't need to be overhauled, it needs to be gotten rid of."Constables are elected in the area where they live but can work anywhere in the state. They get work through the district judges, and can work for several judges at one time.Many critics say the interdependent relationship between judges and constables can become problematic. Constables rely on judges for work, judges need constables to get their papers served, and the two often draw from similar bases of political support."I don't think (the judges) really do a very good job of screening and determining qualifications," said Royce L. Morris, president of the Pennsylvania Association of Criminal Defense Lawyers."There could be nepotism going on there," he said. "The constable could be related to a friend or family member" of the judge.Under state law, constables are paid according to a schedule that, for example, gives them $38 to transport a prisoner plus mileage and $13 an hour and $25 to serve a criminal warrant. Most of their payments come from court fees paid by defendants.Despite having to pay their own costs, some constables do well. An AP analysis of Pennsylvania court system records showed 33 constables earned at least $70,000 last year. Ten earned more than $100,000.Tuesday: Barriers to reform.
