§ 7172. Incompetence.
173 words·~1 min read·
/pa/title-44/chapter-71/7172A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 7172. Incompetence.
(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.
44c7173s