Pennsylvania Consolidated Statutes

44 Pa. Cons. Stat. § 7122 (2026)

Deputy constables.

✓ current as of May 2026

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§ 7122. Deputy constables.

(a) General rule.--Sole power to appoint deputy constables in a ward, borough or township is vested in the constable of the ward, borough or township, subject to approval of the court of common pleas under subsection (b). No person shall be appointed as a deputy constable unless, at the time of appointment, he is a bona fide resident of the ward, borough or township for which he is appointed and he continues to be a bona fide resident for the duration of the appointment.

(b) Court approval and qualifications.--

(1) Except as set forth in paragraph (2), no deputy shall be appointed, either by general or partial deputization, without approbation of the court of common pleas of the county, except for special appointments in a civil suit or proceeding, at the request and risk of the plaintiff or his agent. If a deputy no longer resides in, or ceases to be a qualified elector of, the ward in which he was appointed to serve, the court of common pleas may revoke the appointment of the deputy upon petition of five duly qualified electors of the ward and proof of facts requiring revocation.

(2) In the event of a deputy's death or inability or refusal to act, the constable of a township may, with approbation of the court of common pleas of the county where the deputy served, appoint another deputy who shall have full authority to act until the next regular session of court. The constable and his surety shall be liable for acts of the deputy as in other cases. The constable shall file a written copy of the deputization in the office of the clerk of courts of the county where the constable serves.

(c) Certain provisions relating to boroughs unaffected.--This section does not affect the provisions of section 14 of the act of June 28, 1923 (P.L.903, No.348), entitled "A supplement to an act, approved the fourteenth day of May, one thousand nine hundred and fifteen (Pamphlet Laws, three hundred and twelve), entitled 'An act providing a system for government of boroughs, and revising, amending, and consolidating the law relating to boroughs'; so as to provide a system of government where a borough now has annexed or hereafter shall annex land in an adjoining county, including assessment of property, levying and collection of taxes, making municipal improvements, and filing and collecting of liens for the same; the jurisdiction of courts for the enforcement of borough ordinances and State laws, and primary, general, municipal, and special elections; and repealing inconsistent laws."

References in Text. Section 14 of the act of June 28, 1923 (P.L.903, No.348), referred to in this section, was repealed by the act of October 9, 2009 (P.L.494, No.49). The subject matter is now contained in Chapter 71 of this title.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2015–2021 · leading case: In re Fry, 110 A.3d 1103 (Pa. Commw. Ct. 2015).

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In re Fry, 110 A.3d 1103 (Pa. Commw. Ct. 2015). · cites it 25× “Ian Castaneira (Castaneira), Constable for the Borough of Highspire, appeals from the order of the Court of Common Pleas of Dauphin County which denied Castaneira’s petition for approval of appointment of John Fry as his Deputy Constable pursuant to 44 Pa.C.S. § 7122. 1 After…”

In Re: JohnCarlo Oren Approbriation of Appointment of Deputy Constable for the Borough of Delaware Water Gap ~ Appeal of: M. Rodriguez, 159 A.3d 1023 (Pa. Commw. Ct. 2017). · cites it 4× “1) Did the Court of Common Pleas err as a matter of law by applying a *1026 “suitability” test to the approbation of an appointment of a deputy constable where the language of 44 Pa. C.S. Section 7122 is unambiguous and where such application would violate the separation of…”

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. § 7122. Section 7122 states, in relevant part: (a) General rule.”

Com. v. Murphy, J. (Pa. Super. Ct. 2021). “44 Pa.C.S. § 7122. In addition, the Commonwealth points out that constables are required by the State Ethics Commission to file statements of financial interest under the Ethics Act.”

— 44 Pa. Cons. Stat. § 7122(a) — 2 cases

In Re: JohnCarlo Oren Approbriation of Appointment of Deputy Constable for the Borough of Delaware Water Gap ~ Appeal of: M. Rodriguez, 159 A.3d 1023 (Pa. Commw. Ct. 2017). “1) Did the Court of Common Pleas err as a matter of law by applying a *1026 “suitability” test to the approbation of an appointment of a deputy constable where the language of 44 Pa. C.S. Section 7122 is unambiguous and where such application would violate the separation of…”

In re Fry, 110 A.3d 1103 (Pa. Commw. Ct. 2015). “Ian Castaneira (Castaneira), Constable for the Borough of Highspire, appeals from the order of the Court of Common Pleas of Dauphin County which denied Castaneira’s petition for approval of appointment of John Fry as his Deputy Constable pursuant to 44 Pa.C.S. § 7122. 1 After…”

— 44 Pa. Cons. Stat. § 7122(b) — 1 case

— 44 Pa. Cons. Stat. § 7122(b)(1) — 1 case

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