17-78-601. County legislative body to determine whether to contract with constables -- Contract requirements.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Beginning January 1, 2027, a county may not contract with a constable who is not licensed under Title 58, Chapter 91, Constables Licensing Act.

(2)To select a constable for a county contract, the legislative body of a county of the first or second class shall establish a nominating commission.

(a)The county nominating commission shall consist of:

(i)one member of the county legislative governing body or the member's designee;

(ii)one judge or the judge's designee;

(iii)the county attorney or the county attorney's designee;

(iv)the district attorney or the district attorney's designee;

(v)the sheriff of the county or the sheriff's designee; and

(vi)one private citizen.

(b)The nominating commission described in this Subsection

(2)shall review each applicant's credentials and, by majority vote, recommend to the legislative governing body of the county the nominees the nominating commission finds most qualified.

(c)The county legislative body shall either select or reject any nominee that the nominating commission recommends under Subsection (2)(b) .

(3)The legislative body of a county of the third, fourth, fifth, or sixth class may select a constable on a recommendation from:

(a)the county sheriff and the county attorney; or

(b)the chief of police.

(4)A county legislative body that selects a constable under this section shall issue to the constable a contract including, at minimum, the following provisions:

(a)the scope of the services the county seeks from the constable, including any deputy constables the constable hires in accordance with Section 17-78-602 ;

(b)the circumstances in which the county shall indemnify the constable and deputy constables, if any;

(c)the circumstances in which the constable shall indemnify the county, if any;

(d)that the county may cancel the contract for cause at any time and shall cancel the contract if:

(i)the constable's peace officer certification is suspended or revoked under Section 53-6-211 ; or

(ii)beginning January 1, 2027, the constable's license is suspended or revoked by the Division of Professional Licensing in accordance with the provisions of Title 58, Chapter 91, Constables Licensing Act;

(e)the minimum levels of insurance coverage the county requires the constable to carry;

(f)whether the county requires the constable to provide a bond, and if so, at what level;

(g)the remuneration owed to the constable under the contract for services rendered to the county, if different than the fees described in this part or not otherwise set in county ordinance; and

(h)a maximum term of four years.

(5)A contract described in Subsection

(4)may be renewed or extended by written amendment for up to four years per written amendment.

(6)If a county and an appointed constable fail to negotiate and execute a contract in accordance with this section, the constable may not fulfill the duties described in this part for the county.

(7)If a county terminates a contract described in Subsection

(4), the county shall notify the Division of Professional Licensing.

(8)Contracting for constable services does not constitute a procurement and a county that issues a contract to a constable as described in this part is not required to comply with procurement processes described in Section 17-63-506 in regard to that contract.

Amended by Chapter 130 , 2026 General Session