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PA Bulletin, Doc. No. 20-181

THE COURTS

Title 255—LOCAL COURT RULES

MONTGOMERY COUNTY

Adoption of Local Rule of Judicial Administration 1907.2*—Montgomery County Constable Review Board; No. 2020-00001

[50 Pa.B. 790]
[Saturday, February 8, 2020]

Order

 And Now, this 21st day of January, 2020, the Court hereby adopts Montgomery County Local Rule of Judicial Administration 1907.2*—Montgomery County Constable Review Board. This Local Rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

 The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.J.A. 103, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court. This Order shall also be published on the Court's website and incorporated into the complete set of the Court's Local Rules.

By the Court

THOMAS M. DelRICCI, 
President Judge

Local Rule of Judicial Administration 1907.2*. Montgomery County Constable Review Board.

A. Purpose and Authority

 1. The Montgomery County Constable Review Board (CRB) has been established to resolve allegations of misconduct against any Constable. As used herein, the term ''Constable'' includes any Deputy Constable.

 2. This Local Rule is issued pursuant to the authority granted by Rule 1907.2 of the Pennsylvania Rules of Judicial Administration and the Constable Policies, Procedures and Standards of Conduct issued by the Administrative Office of Pennsylvania Courts (May 2013) and shall be construed in accordance with such Rule and Policies.

B. CRB Composition

 1. The CRB shall be comprised of five (5) members:

 a. A Judge of the Court of Common Pleas, who shall be appointed annually and serve at the pleasure of the President Judge. Such appointee shall serve as Chairperson.

 b. A Member of the public who shall be appointed annually and serve at the pleasure of the President Judge.

 c. A Magisterial District Judge who shall be appointed annually and serve at the pleasure of the President Judge.

 d. A Certified Constable in Montgomery County, together with an alternate to serve in case of conflict, who shall be appointed by the President Judge annually in consultation with the leadership of the Montgomery County Constable Association and serve at the pleasure of the President Judge.

 e. The Montgomery County District Court Administrator or his/her designee. Such member shall serve as Secretary of the Board and shall be responsible for maintaining the records of all proceedings of the Board.

 2. The Chairperson shall be responsible for conducting, coordinating and overseeing the business of the CRB.

 3. Any decision or action by the CRB must have the affirmative vote of at least three (3) members.

C. Filing Procedures—Public Complaint

 1. Complaints concerning the professionalism or conduct of a Constable may be filed by any person on the Public Complaint Form appended hereto. Copies of the Public Complaint Form shall be made available at the offices of all Magisterial District Judges. Complaints must be filed within one year of the incident and may be filed at the office of a Magisterial District Judge or at the office of the Special Courts Administrator. Any complaint filed with the office of a Magisterial District Judge shall be promptly forwarded by such office to the Special Courts Administrator.

 2. If a complaint is filed against a Constable, the Special Courts Administrator shall forward a date stamped copy of the complaint, together with a request for comment/response, to the Constable by first class mail. A copy shall also be delivered, in a sealed envelope, to the Controller's office for inclusion with the Constable's reimbursement check. If the Constable receives his/her reimbursement check by mail or direct deposit, then a copy of the complaint and request for comment/response shall be sent by certified mail, return receipt requested.

 a. If notice is provided through the Controller's office, the Controller's office will have the Constable sign an acknowledgment of receipt. The signed acknowledgment shall be returned to the Special Courts Administrator.

 b. The Constable will have fourteen (14) days to respond in writing to the CRB via the Special Courts Administrator if he/she chooses to do so.

 c. The Constable's response shall be date stamped when received by the Special Courts Administrator and immediately forwarded to the CRB members.

 d. The CRB shall have discretion to determine whether to send a copy of the Constable's response to the complaining party.

 3. Failure of a Constable to respond to a written allegation and failure to appear before the CRB when requested will be interpreted as an admission of no contest to the allegation.

D. Actions and Dispositions of the CRB and the President Judge

 1. The CRB shall receive, examine and investigate all filings submitted through the Special Courts Administrator.

 2. The CRB may directly interview all parties involved. The CRB shall have discretion to determine whether to conduct a formal hearing on the matter.

 3. The CRB shall have the authority to act, without the filing of a complaint, on any potential violations that may be discovered in the course of its investigation or that otherwise come to its attention.

 4. A Recommended Decision by the CRB should be entered and forwarded to the President Judge within 60 days of the relevant filing in the Special Courts Administrator's office. Individual members of the CRB may submit separate opinions with the Recommended Decision of the Board.

 5. A copy of the Recommended Decision shall be promptly sent by first-class mail to the affected Constable and to the complaining party. Accompanying the Recommended Decision shall be a summary of the provisions of paragraph 6 below, relating to review by the President Judge.

 6. The President Judge shall have authority to approve, reject, modify, or dismiss the Recommended Decision. Any interested party shall have twenty-one (21) days from the date of the Recommended Decision to submit to the President Judge any exceptions to the Recommended Decision. In the absence of any exceptions, the President Judge may act on the Recommended Decision without further proceedings. If exceptions are timely filed, the President Judge shall act on the Recommended Decision and exceptions after such further proceedings, if any, as the President Judge deems appropriate.

 7. Notwithstanding paragraph 6 above, if the CRB considers a matter to be urgent, it may recommend to the President Judge that immediate action be ordered pending the filing and disposition of any exceptions and the President Judge shall have discretion to act upon any such recommendation.

 8. A copy of the decision of the President Judge shall be promptly sent by the Special Courts Administrator's office to the Constable and any public complainant by first-class mail or by such other means as the President Judge may direct.

 9. In the event that the President Judge orders the suspension of a Constable, the Constable will not be authorized to perform services for the County of Montgomery, including any Court or political subdivision, for the specified time period. Upon receipt of the suspension notice, the Constable shall immediately return to all courts and agencies all warrants, writs, subpoenas, civil papers, to the proper issuing authority. Failure to do so promptly may be cause for further disciplinary action.

E. Investigation of Petitions for Appointment

 1. Any Judge before whom a petition for appointment of a Constable is pending may refer the petition to the CRB to conduct such investigation of the petition as the Judge directs.

 2. The CRB's report of its investigation shall be submitted to the referring Judge. The report shall not be made public or otherwise disclosed except as the Judge may direct.

[Pa.B. Doc. No. 20-181. Filed for public inspection February 7, 2020, 9:00 a.m.]


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