§ 7122. Deputy constables.
(a) General rule.--Sole power to appoint deputy constables in a ward, borough or township is vested in the constable of the ward, borough or township, subject to approval of the court of common pleas under subsection (b). No person shall be appointed as a deputy constable unless, at the time of appointment, he is a bona fide resident of the ward, borough or township for which he is appointed and he continues to be a bona fide resident for the duration of the appointment.
(b) Court approval and qualifications.--
(1) Except as set forth in paragraph (2), no deputy shall be appointed, either by general or partial deputization, without approbation of the court of common pleas of the county, except for special appointments in a civil suit or proceeding, at the request and risk of the plaintiff or his agent. If a deputy no longer resides in, or ceases to be a qualified elector of, the ward in which he was appointed to serve, the court of common pleas may revoke the appointment of the deputy upon petition of five duly qualified electors of the ward and proof of facts requiring revocation.
(2) In the event of a deputy's death or inability or refusal to act, the constable of a township may, with approbation of the court of common pleas of the county where the deputy served, appoint another deputy who shall have full authority to act until the next regular session of court. The constable and his surety shall be liable for acts of the deputy as in other cases. The constable shall file a written copy of the deputization in the office of the clerk of courts of the county where the constable serves.
(c) Certain provisions relating to boroughs unaffected.--This section does not affect the provisions of section 14 of the act of June 28, 1923 (P.L.903, No.348), entitled "A supplement to an act, approved the fourteenth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, three hundred and twelve), entitled 'An act providing a system for government of boroughs, and revising, amending, and consolidating the law relating to boroughs'; so as to provide a system of government where a borough now has annexed or hereafter shall annex land in an adjoining county, including assessment of property, levying and collection of taxes, making municipal improvements, and filing and collecting of liens for the same; the jurisdiction of courts for the enforcement of borough ordinances and State laws, and primary, general, municipal, and special elections; and repealing inconsistent laws."
References in Text. Section 14 of the act of June 28, 1923 (P.L.903, No.348), referred to in this section, was repealed by the act of October 9, 2009 (P.L.494, No.49). The subject matter is now contained in Chapter 71 of this title.
Why this section matters for the database. The State Police document on constable ORIs says there is “no primary ‘constable agency’ to assign such an identifier to.” Chapter 71 never uses the word “agency” for anyone. It creates an office, and this section gives that office its staff: deputies the constable alone appoints, the court approves, the clerk of courts records, and the constable’s bond covers. Deputies serve the appointing constable’s term (§ 7141) and are certified, trained, and insured on the same terms as the constable (§§ 7142, 7144, 7148).
That is exactly the counterparty a CLEAN user agreement needs: a head of office who signs, subordinates inside the same agreement, a Terminal Agency Coordinator drawn from the staff, and a bond and insurance policy that run to the office. The State Police already sign such agreements with one-officer borough departments. A constable office with deputies is more, not less, of an institution than that.
Statutory text reproduced from the Pennsylvania Consolidated Statutes (Title 44). The official source is the Pennsylvania General Assembly's online statute repository. This page is not legal advice; consult a licensed Pennsylvania attorney for guidance on specific legal questions.
