17-78-602. Contracted constable authority and duties -- Constables to serve process in certain circumstances.

288 words·~1 min read·/ut/title-17/chapter-78/17-78-602

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

Effective 5/6/2026

(a)A constable who has a contract with a county as described in Section 17-78-601 :

(i)shall:

(A)avoid all conflicts of interest; and

(B)maintain a public office and be accessible to the public and to the court during the hours the court is open; and

(ii)may hire one or more constables to serve as the constable's deputies.

(b)Beginning July 1, 2027, a deputy constable shall be licensed under Title 58, Chapter 91, Constables Licensing Act.

(c)A deputy constable acting at the direction and general control of the constable who holds a contract with a county, as described in Section 17-78-601 , may fulfill any duty of a constable described in this part unless the action is limited in or specifically prohibited by the contract between the constable and the county.

(d)A constable may contract to provide constable services with more than one county, so long as:

(i)the constable informs each county, in writing; and

(ii)the constable is able to fulfill all the duties for each county that are described:

(A)in this part; and

(B)in any contract between the constable and a county.

(2)In cases where the sheriff is a party, or where an affidavit is filed with the clerk of the court stating partiality, prejudice, consanguinity, or interest on the part of the sheriff:

(a)the clerk of the court shall direct process to any licensed constable; and

(b)the constable chosen by the clerk under Subsection (2)(a) shall execute process in the same manner as if the constable were sheriff.

Amended by Chapter 130 , 2026 General Session