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[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-25a-1 Constables - Nomination - Appointment - Authority.
(1) (a) The legislative governing bodies of counties and cities of the first or second class shall determine whether to appoint constables. If a county or city of the first or second class decides to appoint constables, they shall be nominated and appointed under this chapter.
(b) However, a constable holding office on April 23, 1990, may complete his term. Any subsequent terms he may serve shall be in accordance with this chapter.
(2) To nominate a constable, the county or city of the first or second class shall establish a nominating commission.
(a) The county nominating commission shall consist of one member of the county legislative governing body, one judge, the county attorney, the district attorney, the sheriff of the county, or their designees, and one private citizen.
(b) The city nominating commission shall consist of one member of the city legislative governing body, one judge, the city attorney, the chief of police, or their designees, and one private citizen.
(c) The nominating commission shall review each applicant's credentials and recommend to the legislative governing body of the county or city the nominees it finds most qualified by majority vote.
(3) The county or city legislative governing body shall either appoint or reject any nominee.
(4) The authority of a constable may be withdrawn by the
county or city legislative governing body for cause, including
if the constable's peace officer certification is suspended
or revoked under Section
53-6-211
.
1993
17-25a-2 Constable - Qualifications - Duties.
(1) To qualify as a constable, a person shall be certified as a special function peace officer in the state.
(2) A constable 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.
1990
17-25a-3 County and city constables - Terms - Authority - Deputies.
(1) Constables appointed by a county or city are appointed for terms of six years and may serve more than one term if reappointed by the appointing body.
(2) Constables serving process outside the county in which they are appointed shall contact the sheriff's office or police department of the jurisdiction prior to serving executions or bench warrants or seizing any property.
(3) The appointed constable may, upon approval of the appointing county or city, employ and deputize persons who are certified as special function peace officers to function as deputy constables.
(4) If the county or city appointing body withdraws the authority of a constable, the authority of all deputy constables is also withdrawn.
(5) If the authority of a constable or deputy constable
is withdrawn, notification of the Peace Officer Standards
and Training Division of the Department of Public Safety
shall be made pursuant to Section
53-6-209
.
1993
17-25a-4 Rates recoverable - Exception.
(1) The rates recoverable through court action for service of process by a constable are governed by Section 17-22-2.5 , 17-25-3 , or 17-25-5 when applicable.
(2) Constable fees that exceed the amounts in Section 17-22-2.5 are recoverable in court:
(a) by the constable only if he has received prior approval for the increased fee from the party requesting the service; and
(b) by a prevailing party as a cost of the action only
if the court finds the service and increased fee are justifiable.
2001
