County Attorney clarifies duties, powers of constables

Posted February 4, 2015 at 7:06 pm

Since late last year following the November general election which also saw some new constables elected in the county, there have been some questions raised about the duties, responsibilities and boundaries of that elected office.

Some issues were first brought forth during the final meeting of Clinton County Fiscal Court in December 2014 when some magistrates questioned County Attorney Michael Rains about some issues involving constables and some squires indicating constables should only patrol and carry out their duties in their own elected districts and not be issued blue lights on their vehicles.

When constables took their offices after January 5, there has been an upswing in constable activity by a few, including patrolling throughout the county, making arrests and backing up calls to other local law enforcement agencies.

Since the December meeting, the issue has not been discussed at any court meetings, but County Attorney Rains has researched the constable duties and powers and services they can perform in their official capacity, as well as any possible governing power a county government may have pertaining to the constable duties.

It was learned that constables can, in fact, patrol and carry out duties countywide, but, the local fiscal court may have the say as to whether or not blue lights and sirens on their vehicles may be used.

Rains issued information from KRS statutes as well as attorney generals’ opinions and information from the Legislative Research Commission pertaining to constables and the following information is published to make the public aware of the duties, powers, etc. of an elected constable in the state of Kentucky.

According to the LRC’s duties of elected county officials section, “Constables were first made constitutional officers under Article VI, Section 5, of the 1850 Constitution. Section 99 of the present Constitution requires the election of one constable in each justice of the peace district.”

The main function of the constable was to render services to the old justice courts before the 1975 Judicial Article established District Courts. Today, constables are defined as peace officers and possess the same law enforcement powers as sheriffs, coroners, and jailers and are eligible for the same police training provided to other peace officers.

Constables’ qualifications are prescribed by constitutional provision. They must be at least 24 years of age, a Kentucky citizen, a resident of the state for two years, and a resident of the county and district one year prior to election. Before taking office, constables must execute bond at a minimum of $10,000, approved by the fiscal court. This bond is renewed biennially or more often if required by the fiscal court.

In December, the fiscal court voted not to pay for constable bonds but rather have them supply their own. However, according to County Attorney Rains, the court does have the authority to set the amount of bond required by a constable.

The LRC continues that, “Constables are peace officers with broad powers of arrest and authority to serve court processes. They may execute warrants, summonses, subpoenas, attachments, notices, rules, and orders of the court in all criminal, penal and civil cases (KRS 70.350). Any constable may, upon approval of the fiscal court, equip vehicles used as emergency vehicles with flashing, rotating, or oscillating blue lights and a siren, whistle, or bell (KRS 189..950).

As with sheriffs, any process handed to a constable must be carried out unless the constable is unable to find the person named.

Constables in their home counties may execute any and all processes except those in which they are personally interested. However, they may not levy on or sell land. They may not be compelled to receive any fee bill, order for witness attendance, or other claim against a person known to live outside their judicial district, unless the precept is in the name of the Commonwealth of Kentucky or against property in their district. If a constable accepts such a claim, the constable and his or her sureties are responsible for it (KRS 70.350).

Constables may seize personal property for the collection of fees due them or they may place fee bills due them in the hands of other officers for collection (KRS 64.400). They are authorized to go outside their district, but only in their county, to collect claims owed for services performed.

Section 101 of the Kentucky Constitution states: “Constables shall possess the same qualifications as sheriffs, and their jurisdiction shall be coextensive with the counties in which they reside. The Attorney General opined that “a city council cannot ban or limit the services of the constable within the city limits.”

Under compensation, the LRC findings say that in all counties except Jefferson and Fayette, constables are compensated from the fees they collect. Under KRS 64.190, constables may receive the same fee allowed sheriffs for similar services.

Constables, along with other peace officers, may also receive fees from the State Treasury, under KRS 64.060 for providing the following services:

* Apprehending a person on charge of felony or fugitive from justice charged with a felony in this state, $10.

* Executing a process of contempt in a criminal case when the court excuses the contempt, $1.60.

* Executing a summons upon a witness on behalf of the Commonwealth in a felony case, $3.

* Summoning a jury, on order of a court, in a county other than that in which the action is pending, $2.50.

* Summoning and attending a jury in a case of felony, $2.50.

Constables receive mileage and expenses for taking or assisting in taking adult prisoners to the penitentiary or another jail (KRS 64.070).

Under penalties, “When constables fail to renew bond or to give additional security when so ordered by the county judge/executive, they may be forced to vacate office. For executing any process in which they are personally involved, other than a fee bill for their own service, constable shall be guilty of a violation. They may also be guilty of a violation for failing to collect or return a claim.

Constables may be indicted in the county in which they reside for malfeasance or malfeasance in office or willful neglect in the discharge of official duties. If convicted they shall be fined $100 to $1,000 and removed from office (KRS 61.170).

Any constable who willfully conceals or destroys any record with the intent to violate the provisions…relating to public records shall be guilty of a Class A misdemeanor for each violation.

The county attorney did the research on the issues brought forth by some members of the fiscal court to clarify the legalities of constable duties and make citizens aware of exactly what the law, specifically the Constitution and KRS statutes currently are.