THE COURTS

SCHUYLKILL COUNTY

Local Rule of Judicial Administration 1907.2 Constable Review Board; AD 23-2017

[47 Pa.B. 1852]
[Saturday, April 1, 2017]

Order of Court

 And Now, this 16th day of March, 2017, at 9:45 a.m., the Court hereby adopts the following Local Rule of Judicial Administration 1907.2 for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective 30 days after publication in the Pennsylvania Bulletin.

 The Schuylkill County District Court Administrator is Ordered and Directed to do the following:

 1) File one (1) copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts via email to adminrules@pacourts.us.

 2) File two (2) paper copies of this Order and Rule and a computer diskette containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Publish a copy of the local rule on the Schuylkill County Court website at www.co.schuylkill.pa.us.

 4) Incorporate the local rule into the set of local rules on www.co.schuylkill.pa.us within thirty (30) days after publication in the Pennsylvania Bulletin.

 5) File one (1) copy of the local rule in the Office of the Schuylkill County Clerk of Courts for public inspection and copying.

 6) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

By the Court

WILLIAM E. BALDWIN, 
President Judge

Schuylkill County Rule of Judicial Administration 1907.2

Rule 1907.2.  Constable Review Board.

A. Board Established

 (1) A Constable Review Board is hereby established to assist in resolving any disputes related to a constable's performance of judicial duties.

 (2) The Constable Review Board shall be appointed by the President Judge and shall include:

 (a) A Judge of the Court of Common Pleas,

 (b) A Magisterial District Judge,

 (c) The Criminal Court Administrator,

 (d) A certified constable and an alternate to be used in case of conflict, and

 (e) The County Controller or his/her designee.

B. Definitions

 (1) Constable. Any elected or appointed constable or deputy constable engaged to perform judicial duties for the Court of Common Pleas or any magisterial district within the Twenty-First Judicial District.

 (2) Judicial Duties. Services performed pursuant to 44 Pa.C.S.A. §§ 7161—7161.1 and further defined by the Pennsylvania Unified Judicial System's Constable Policies, Procedures and Standards of Conduct published by the Administrative Office of the Pennsylvania Courts.

C. Jurisdiction

 (1) Nothing in this rule shall be interpreted to preclude any person or surety of a constable from filing a verified petition with the Court of Common Pleas in accordance with 44 Pa.C.S. § 7172 alleging that a constable is incompetent to discharge official duties.

 (2) The Constable Review Board's jurisdiction extends only to complaints regarding constables in the performance of judicial duties.

 (3) Consistent with the Pennsylvania Unified Judicial System's Constable Policies, Procedures and Standards of Conduct published by the Administrative Office of Pennsylvania Courts, the Constable Review Board may receive complaints by or against constables regarding:

 (a) The performance of judicial duties;

 (b) Financial/payment disputes; or

 (c) Other matters relating to a constable's judicial duties.

D. Authority

 (1) The Constable Review Board may make recommendations to the President Judge regarding the judiciary's continued use of a constable's services.

 (2) If a complaint involves a financial dispute or other matter within the control of the Schuylkill County Commissioners, the Constable Review Board may make recommendations to the Commissioners regarding payment for services.

 (3) The Constable Review Board shall forward any findings of suspected criminal activity to the Schuylkill County District Attorney.

 (4) The President Judge remains the ultimate authority with regard to a constable's performance of judicial duties within the Twenty-First Judicial District. The President Judge may, at any time, place a temporary moratorium on the use of a particular constable within the Judicial District pending review and recommendation of the Constable Review Board on a pending complaint.

E. Filing a Complaint

 (1) A complaint shall be in writing, signed by the complainant, and contain a statement of the alleged misconduct, financial dispute, or other matter related to the performance of judicial duties.

 (2) The complaint may be submitted by mail or fax to:

 Criminal Court Administrator
Schuylkill County Courthouse
401 North Second Street
Pottsville PA 17901
Phone: 570-628-1334
Fax: 570-628-1108

 (3) The written complaint shall substantially conform to the form set forth in Section H hereof. Upon request, the Criminal Court Administrator shall provide a complaint form to the prospective complainant.

 (4) Upon receipt of a complaint, the Criminal Court Administrator shall:

 (a) Note the date of receipt of the complaint;

 (b) Provide the President Judge a copy of the complaint; and

 (c) Create a file to contain the complaint, any written response, documents, statements, or other written communications related to the complaint.

 (5) Within three (3) business days, the Criminal Court Administrator shall forward a copy of the complaint to the respondent constable, if the complaint is against a constable, or to any other respondent, if the complaint is by a constable. Along with the complaint, the Criminal Court Administrator shall provide the constable/respondent with written notice that he or she must provide the Criminal Court Administrator a written response to the complaint within twenty (20) days from the date of such notice, unless the President Judge orders that the response be filed sooner. The notice shall further provide that should the constable/respondent fail to timely respond, the recommendation of the Board and decision of the President Judge may be based on the available information.

F. Constable Review Board Action

 (1) Upon receipt of a written response, or the expiration of the time for responding, whichever is sooner, the Criminal Court Administrator shall forthwith forward a copy of the file, including the complaint, the response, and all file documentation, to each member of the Constable Review Board for review.

 (2) Within thirty (30) days of receipt of the file material:

 (a) If the Board finds that the issues raised by the complaint fall outside the jurisdiction or authority of the Board, it shall forward the file to the President Judge and provide the President Judge and the complainant with a written statement of the reasons for its findings;

 (b) With complaints involving payment disputes or complaints regarding constables in the performance of judicial duties, the Board shall interview the complainant, the constable, and all other relevant witnesses. Should the Board as a whole find it impractical to timely complete the interviews and its recommendation, it may request the President Judge to extend the time for doing so or to permit the interviews to be conducted by three members of the Board to be selected by the President Judge, or both.

 (c) In all other matters, the Board may conduct interviews or make a recommendation to the President Judge based exclusively upon the complaint, response, and all other written documentation submitted.

G. President Judge Action

 (1) Within thirty (30) days of receipt of the Constable Review Board's recommendation, the President Judge shall provide written notice to the complainant and respondent of the Court's decision.

H. Form of Complaint

CONSTABLE REVIEW BOARD FOR THE 21ST JUDICIAL DISTRICT COMPLAINT

A. COMPLAINANT:

Your Name: __________

Address: __________

_______________________________________________

Telephone #: __________

B. CONSTABLE COMPLAINED OF:

Name: __________

Contact Info: __________

(if known) __________

C. STATEMENT OF COMPLAINT: PLEASE BE SPECIFIC, relevant dates, names of witnesses and any relevant documents. Explain the conduct or practice complained of, the date(s), names of witnesses, and attach copies of relevant documents. You may attach as many additional pages as necessary to fully set forth your complaint.

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_________________                      _________________
Date                                  Signature

 The Complaint may be faxed or mailed to the following:

 Criminal Court Administrator
Schuylkill County Courthouse
401 North Second Street
Pottsville PA 17901
Fax: 570-628-1108

[Pa.B. Doc. No. 17-529. Filed for public inspection March 31, 2017, 9:00 a.m.]

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