As evictions increase, questions about constables keep rising. Here are some answers

Maricopa County is facing record highs in evictions. And as more evictions take place, constables are the ones who the public has to come into contact with. But there has been a lot of confusion around what constables are, what they can and cannot do, and how dangerous their jobs are.

Below are the most pressing questions about what constables are, and what you need to know in the event you’re facing an eviction and expected to come face-to-face with these elected officials.

What is a constable?

A constable is one of two elected officials in local courts. The other is the Justice of the Peace. There are 62 constables in the state, each belonging to their own precinct court. Their main duty is to serve paperwork, such as warrants, writs and notices, on behalf of their courts. They are best known for their response to the housing crisis, since constables are the officials tasked with showing up to serve eviction paperwork and making sure that door locks are changed.

When did we get constables? Why do we have them?

Constables, historically, pre-date colonial America, before local police precincts were established. While coastal cities stopped using them in favor of a more organized police force in the late 19th century, Arizona – just a territory then – introduced its first constable in Phoenix, a Mexican migrant named Enrique Garfias, who also was the city’s first marshal at the same time. Since then, constables have become a mainstay in Arizona politics and local law enforcement. They have established themselves as part of the state’s constitution.

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What can a constable do?

Their duties have shifted over the years, from gunfighters to paper-pushers. Constables are considered peace officers, but only in the course of their duties, per state law. They are not on-duty as a police officer might be, who can make arrests whenever they see a crime. Instead, they can only enforce the laws while acting as a representative of their court. They can enter into a home unwelcomed to serve an eviction notice, forcibly remove a tenant and even arrest them, but transporting them to a police station has to be done by local police.

What qualifications do constables need to be elected and what training do they get?

No law enforcement training or background is required to be elected constable. Once elected, however, constables are required to take 16 hours a year in continuing education courses, which do extend to law enforcement topics such as civil lawsuits and safety tactics. Constables are also allowed, once elected, to get trained and certified by the police academy to carry a firearm. Deputy constables, who are hired by elected constables, are required to have already gone through the academy and to be certified peace officers.

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Are constables police officers?

Yes and no. Though state law grants constables authority as peace officers, they can only act in that role when executing their jobs. Even those who choose to be certified by the state police academy are not allowed to act as police officers when off duty. But the Arizona Attorney General, in a state lawsuit on constables carrying firearms, did carve out an exception for academy-certified constables. It said those constables can respond to immediate threats, but “the primary responsibility of law enforcement within the precinct falls upon the Sheriff, the town marshall or the police…a constable has no duty to engage in regular law enforcement activities.” The state Supreme Court made this concrete in a decision about how constables who are certified by the state police academy can carry firearms off-duty, saying: “Because constables do not have ‘law enforcement’ duties that extend beyond the particulars of their on-duty work, their peace-officer rights generally do not extend to off-duty situations.”

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Is a constable’s job dangerous?

While there have been very few deaths in the field for constables, many have said they are leaving the position because the job has become too dangerous. One constable this year was killed during an eviction in Tucson, where she and three others were shot dead while serving eviction paperwork. With rising eviction numbers and people having easier access to firearms, the job has made some feel the need to start carrying weapons and train for a worst-case scenario. In Pima County, where the constable was recently shot, there are six openings for the job. One constable who didn’t want to be named said that she didn’t “feel like I should be carrying a gun if I didn’t have really ample training, and we just don’t get that. But, also, we’re not supposed to get that.”

Who oversees constables if something goes wrong?

In 2003, the state established the Constables Ethics, Standards, and Training Board. The board is headed by seven members of the community. That includes one citizen appointed by the governor, various administrators, the current presiding constable (who is voted on by members every two years), and a justice of the peace. The board is supposed to review all complaints made by citizens to see if the complaint warrants an investigation. If board members decide the complaint has merit, the accused constable can make a statement in their defense, while the board investigates the claim. After a determination is made, constables can be reprimanded verbally, in writing, and can also be suspended for a short time or urged to resign – which has happened twice. In some cases, if a crime has occured, the board can refer the investigation to the county attorney for review.

Has the board been successful in overseeing constables?

While the board has made some recommendations, admonishments, and requests for constables to resign, the board has a lengthy history of protecting constables by treating their actions as they would regular law enforcement. In one case, where the police found that a constable wrongly pulled a gun on a tenant because he thought the man was armed, the ethics board did not punish the constable. The constables’ association, which some of the ethics board members are part of, even celebrated the constable saying he acted honorably. In another instance, when a constable conducted a search of a woman’s personal belongings while serving eviction paperwork, the board said he was within his authority as a peace officer to do so.

What sort of reform is needed?

There are a few ways that advocates, police, and other legislatures have tackled constable issues. In Pennsylvania, where constables are part of the state government for every county, Philadelphia County banned them and gave their powers to local police. In Wyoming, the state eliminated their position and handed their authority to sheriffs. In some places, constables that have police powers are given the same treatment and training as other police, such as a requirement of time in law enforcement, or a certain level of education, or mandatory certification to become a police officer.

But because Arizona’s constables are part of the state constitution, the only way to manage their existence is through a ballot measure, or reforming the office from within.

This article originally appeared on Arizona Republic: Questions about constables keep rising. Here are some answers