Pennsylvania Consolidated Statutes
44 Pa. Cons. Stat. § 7121 (2026)
Constables.
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SUBCHAPTER C
APPOINTMENT
Sec.
7121. Constables.
7122. Deputy constables.
§ 7121. Constables.
When a vacancy occurs in the office of constable, regardless of the reason for the vacancy, the court of common pleas of the county of the vacancy, upon petition of not less than ten qualified electors residing in the borough, city, ward or township of the vacancy, shall appoint a suitable person, who, upon being qualified as required by law, shall serve as the constable for the unexpired term of the vacancy.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 2011–2024 · leading case: In re Petition for Appointment of Constable Pender, 25 A.3d 453 (Pa. Commw. Ct. 2011).
In re Petition for Appointment of Constable Pender, 25 A.3d 453 (Pa. Commw. Ct. 2011). “44 Pa.C.S. § 7121 provides that: When a vacancy occurs in the office of constable, regardless of the reason for the vacancy, the court of common pleas of the county of the vacancy, upon petition of not less than ten qualified electors residing in the borough, city, ward or…”
In re Fry, 110 A.3d 1103 (Pa. Commw. Ct. 2015). “Moreover, 44 Pa. C.S. § 7121 provides that when a vacancy in a constable position occurs, the court of common pleas “shall appoint a suitable person.”
In re Lehigh Cnty. Constables ~ Appeal of: D.C. Huber & F. Bainhauer, III, 172 A.3d 712 (Pa. Commw. Ct. 2017). “44 Pa. C.S. § 7121. 4 . At the hearing, Counsel summarized the Constables’ position as follows: Constables get paid absolutely nothing for going through this whole process.”
Ward v. Commonwealth, Dep't of Transp., Bureau of Motor Vehs., 65 A.3d 1078 (Pa. Commw. Ct. 2013). “44 Pa.C.S. § 7121. The statute creates a statewide Constables’ Education and Training Board and directs the creation of a training program, requiring that constables must obtain a certificate thereunder as a prerequisite for performing any duties or receiving any fees.”
In re Petition for Appointment of Constable ~ Appeal of: E. Zamora, No. 1485 C.D. 2015 (Pa. Commw. Ct. July 6, 2016). “The trial court’s order also directed the Monroe County District Attorney (District Attorney) to perform a background check on Zamora, including, at a minimum, a criminal history check and an evaluation of Zamora’s qualifications and suitability for the office of constable in…”
In re G. Seminerio Appointment to Fill a Vacancy in the Position of Constable for Chestnuthill Twp., No. 98 C.D. 2017 (Pa. Commw. Ct. Nov. 15, 2017). “1 44 Pa. C.S. §7121. Section 7121 states: When a vacancy occurs in the office of constable, regardless of the reason for the vacancy, the court of common pleas of the county of the vacancy, upon petition of not less than ten qualified electors residing in the borough, city, ward…”
Com. of PA ex rel. N.W. Ziccarelli, D.A. v. W. Geiger, 328 A.3d 97 (Pa. Commw. Ct. 2024). “The appointment to such vacancies is now controlled by Section 7121 of Chapter 71 of Title 44, 44 Pa.C.S. § 7121. 8 that under the Statutory Construction Act of 1972, 1 Pa.”
Com. v. Murphy, J., No. 352 EDA 2021 (Pa. Super. Ct. Oct. 4, 2021). “§§ 7111-14, or appointed in the event of a vacancy during the constable’s term, 44 Pa.C.S. § 7121. Deputy constables are appointed by the constable subject to approval by the court of common pleas.”
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