Challenges to Local Accountability
Constables are not only facing a single dispute or just a temporary policy disagreement. Across litigation, rulemaking, and administrative practice, the office is being narrowed in ways that raise serious questions about executive-branch and judicial-branch encroachment on common law powers granted by the electorate and statutory powers the General Assembly chose to grant.
Prosecution for Authorized Duties
Constables performing duties grounded in common law and authorized by statute — in uniform, in marked vehicles, on official assignments — have been prosecuted by state agencies for those duties. Some of those prosecutions have ended in dismissals, quashed charges, and not-guilty verdicts. Others have resulted in convictions, with appeals still working through the courts. The point is not that state agencies always lose. The point is that the prosecutions keep coming — across multiple counties, against multiple constables, year after year — for conduct the legislature and the common law authorize.
One of those cases is now under en banc reargument before the Pennsylvania Superior Court, where a dissenting judge captured the issue directly: a legislature that authorizes constables to direct traffic cannot then deny them the equipment motorists need to recognize that authority. That matter is not final. But it is not alone, and it will not be the last.
This is a persistent trend, not a series of isolated disputes. The constable-by-constable record — dockets, dispositions, and the dissenting opinion in full — is on the Issues page.
Administrative Obstruction
Beyond prosecution, state agencies erect barriers to constable operations. State Police have repeatedly denied constables Originating Agency Identifier (ORI) numbers — the federal identifier required to file criminal complaints electronically — citing supervision and accountability concerns the legislature's own 2014 LBFC report characterized as policy disputes rather than statutory disqualifications. Agencies issue policy documents arguing constables lack "police officer" status for operational purposes, ignoring a clear statutory pattern that places constables on functional parity with police officers for core law enforcement duties (75 Pa.C.S. §§ 102 and 3102; 18 Pa.C.S. § 501; 11 Pa.C.S. § 12005; 16 Pa.C.S. § 14340).
The Cost
Whether a charge ends in dismissal, acquittal, or a conviction now on appeal, the prosecution itself costs constables thousands of dollars in legal defense and costs Pennsylvania taxpayers thousands more to pursue. Beyond money, this pattern undermines voter trust. When state agencies prosecute constables for doing exactly what the legislature and the common law authorize — what constables have been doing for centuries before the State Police even existed — residents lose a layer of locally elected accountability they cannot easily replace.
The Pennsylvania Superior Court has ruled that executive agencies cannot diminish powers granted by statute or common law to independently elected officials. The pressure on the office continues through courts and rulemaking bodies rather than through the General Assembly — a venue where the substance of these disputes can be examined openly.
Read the full record on the Issues page