17-78-605. Constables in criminal actions -- Fees for constables.

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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

(a)A constable may only take action in a criminal matter:

(i)at the direction of a county with which the constable holds a contract;

(ii)according to the terms of the contract between the constable and the county; and

(iii)after January 1, 2027, if the constable is licensed.

(b)For purposes of Subsection (1)(a)(i) , taking action at the direction of a county includes acting at the direction or request of:

(i)the county attorney for the county;

(ii)the district attorney for the county;

(iii)the county sheriff;

(iv)a justice court judge in the county; or

(v)an individual designated in the contract between the county and the constable as an individual able to direct or request the constable's action in a criminal matter.

(a)Except as provided in Subsections

(4)and

(7), a county shall pay a contracted constable in criminal matters for each copy of a summons, subpoena, notice, court order, or other criminal paper as follows:

(i)$5 for each defendant served; and

(A)mileage of $1 per mile for each mile necessarily traveled in going only, to be computed from either the courthouse, or when transmitted by mail, from the post office where received; or

(B)mileage for each mile necessarily traveled, at a rate and in a manner to be computed as described in the contract between the constable and the county.

(b)If more than one trip is necessary to serve, or diligently attempt to serve, service of process, a constable may collect mileage charges for more than two trips only if the party requesting the service of process has approved the additional mileage charges.

(c)A constable shall individually document each charge under this Subsection

(2)on the affidavit of return of service.

(3)If a constable serves process in a county other than the county where the process originated, travel expenses may not exceed the fee that would be charged if served by the sheriff of that county under Chapter 72, County Sheriff .

(a)A contracted constable acting under this chapter may charge a county a fee of $1 for each mile traveled for the purpose of serving, or to diligently attempt service of, a warrant of arrest, both in going to and returning from the defendant's address.

(b)If more than one trip is necessary to serve, or diligently attempt to serve, a warrant of arrest, a constable may collect no more than two additional mileage charges.

(c)A constable shall individually document each charge under this Subsection

(4)on the affidavit of return of service.

(5)For arresting an individual and bringing the individual into court, or otherwise satisfying a warrant, a constable may charge the county a fee of $15.

(a)Constables shall bill the county for services in criminal cases according to the terms of the constable's contract and this section.

(b)Upon receipt of a bill from a constable, the county attorney or district attorney shall:

(i)certify the bill if the bill is correct; and

(ii)provide the certified bill to the county auditor or finance officer.

(c)The county legislative body may reject constable bills in all causes or proceedings in which the county attorney or district attorney has not authorized the issuance of the warrant of arrest in writing.

(7)A county may, in the contract described in Section 17-78-601 , establish different fees for services than the fees described in this section.

Amended by Chapter 105 , 2026 General Session