22-131. Constables; powers and duties; prohibited acts
A. Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties shall execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace of the county or by competent authority. In addition to any other provision of law these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt.
B. Constables shall attend the training prescribed in section 22-137.
C. Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41-1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices. The appointments shall be in writing.
D. The provisions of law relating to sheriffs, as far as applicable, govern the powers, duties and liabilities of constables.
E. A constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the constable's official duties.
F. A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed.
G. A constable is prohibited from engaging in any act as a private process server outside of the constable's elected or appointed duties. A constable shall not own an interest in any entity that operates a private process serving business.
H. An elected or appointed constable may request training from the constable ethics standards and training board. If approved by the board, the training shall be paid for with board monies and provided by a constable who is selected by the board and who has completed the mandatory basic training course prescribed in section 22-137. The constable who is selected to provide the training may provide that training in any county of this state.
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 1989–2025 · leading case:
Clark v. Campbell, 193 P.3d 320 (Ariz. Ct. App. 2008).
Clark v. Campbell, 193 P.3d 320 (Ariz. Ct. App. 2008).
· cites it 14× “¶ 5 Several months later, relying on A.R.S. § 22-131 (A) (Supp.2007), 3 the Honorable Colin Campbell, as the Presiding Judge of the Maricopa County Superior Court (“Presiding Judge”), advised Clark her services in attending the Justice Court would not be needed and the Justice…”
Gabriel Garibay v. Hon. johnson/fox, 565 P.3d 236 (Ariz. 2025).
· cites it 5× “See A.R.S. § 22-131. As relevant here, § 22-131(A) requires constables to attend courts and execute, serve, and return all processes, warrants, and notices as directed by a justice of the peace or 4 GARIBAY V.”
Gregory v. Thompson, 768 P.2d 674 (Ariz. Ct. App. 1989).
· cites it 2× “A.R.S. § 22-131. All constables whose precincts include a city, town or part thereof are required to be paid a fixed and definite salary and can receive no fees for their own use.”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, 545 P.3d 468 (Ariz. Ct. App. 2024).
· cites it 6× “¶10 Despite the Board’s role in filling a vacancy in the office of constable, the constable’s authority is independently defined by law, and the Board’s appointment of a person to fill that office cannot expand, contract, or otherwise redefine that authority.”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics (Ariz. Ct. App. 2024).
· cites it 6× “¶10 Despite the Board’s role in filling a vacancy in the office of constable, the constable’s authority is independently defined by law, and the Board’s appointment of a person to fill that office cannot expand, contract, or otherwise redefine that authority.”
— Ariz. Rev. Stat. § 22-131(A) — 4 cases
Clark v. Campbell, 193 P.3d 320 (Ariz. Ct. App. 2008).
“¶ 5 Several months later, relying on A.R.S. § 22-131 (A) (Supp.2007), 3 the Honorable Colin Campbell, as the Presiding Judge of the Maricopa County Superior Court (“Presiding Judge”), advised Clark her services in attending the Justice Court would not be needed and the Justice…”
Gabriel Garibay v. Hon. johnson/fox, 565 P.3d 236 (Ariz. 2025).
“See A.R.S. § 22-131. As relevant here, § 22-131(A) requires constables to attend courts and execute, serve, and return all processes, warrants, and notices as directed by a justice of the peace or 4 GARIBAY V.”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, 545 P.3d 468 (Ariz. Ct. App. 2024).
“¶10 Despite the Board’s role in filling a vacancy in the office of constable, the constable’s authority is independently defined by law, and the Board’s appointment of a person to fill that office cannot expand, contract, or otherwise redefine that authority.”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics (Ariz. Ct. App. 2024).
“¶10 Despite the Board’s role in filling a vacancy in the office of constable, the constable’s authority is independently defined by law, and the Board’s appointment of a person to fill that office cannot expand, contract, or otherwise redefine that authority.”
— Ariz. Rev. Stat. § 22-131(D) — 3 cases
Gabriel Garibay v. Hon. johnson/fox, 565 P.3d 236 (Ariz. 2025).
“See A.R.S. § 22-131. As relevant here, § 22-131(A) requires constables to attend courts and execute, serve, and return all processes, warrants, and notices as directed by a justice of the peace or 4 GARIBAY V.”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, 545 P.3d 468 (Ariz. Ct. App. 2024).
“¶10 Despite the Board’s role in filling a vacancy in the office of constable, the constable’s authority is independently defined by law, and the Board’s appointment of a person to fill that office cannot expand, contract, or otherwise redefine that authority.”
Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics (Ariz. Ct. App. 2024).
“¶10 Despite the Board’s role in filling a vacancy in the office of constable, the constable’s authority is independently defined by law, and the Board’s appointment of a person to fill that office cannot expand, contract, or otherwise redefine that authority.”
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