Pennsylvania § 7172 Incompetence

Pennsylvania Statutes

§ 7172 — Incompetence

Pennsylvania § 7172

JurisdictionPennsylvania

Title 44LAW AND JUSTICE

PartPART IV

Ch. 71CONSTABLES

Subch.PENALTIES AND REMEDIES

This text of Pennsylvania § 7172 (Incompetence) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

44 Pa. Cons. Stat. § 7172 (2026).

Text

(a)Inquiry.--A court of common pleas with competent jurisdiction may inquire into the official conduct of the constable if any of the following apply:

(1)A surety of the constable files a verified petition alleging that the constable is incompetent to discharge official duties because of intemperance or neglect of duty.

(2)Any person files a verified petition alleging that the constable is incompetent to discharge official duties for a reason other than intemperance or neglect of duty. This paragraph includes an act of oppression of a litigant or a witness.

(b)Determination.--If the court determines that the constable is incompetent to discharge official duties, the following apply:

(1)The court may:

(i)require additional security from the constable; or

(ii)remove the constabl

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(a) Inquiry.--A court of common pleas with competent jurisdiction may inquire into the official conduct of the constable if any of the following apply:

(1) A surety of the constable files a verified petition alleging that the constable is incompetent to discharge official duties because of intemperance or neglect of duty.

(2) Any person files a verified petition alleging that the constable is incompetent to discharge official duties for a reason other than intemperance or neglect of duty. This paragraph includes an act of oppression of a litigant or a witness.

(b) Determination.--If the court determines that the constable is incompetent to discharge official duties, the following apply:

(1) The court may:

(i) require additional security from the constable; or

(ii) remove the constable from office.

(2) Upon removal under paragraph (1)(ii), the court may appoint a suitable individual to fill the vacancy until a successor is elected and qualified. The appointed individual must have a freehold estate with at least $1,000 beyond incumbrance or furnish security.