Constable or Marshal
The Basics
A constable is a local law enforcement officer. Sometimes called a marshal, it’s a job that dates back hundreds of years, to a time when police departments as we know them didn’t exist yet. The constable system comes from English common law, and has become a lot less frequently used as professionalized police departments became the standard, but several states still elect and appoint constables and marshals.
Because the job has such a long history, the responsibilities of a constable vary a lot from state to state. In some states, constables have full police powers, and can stop and search people, make arrests, conduct investigations, and even carry guns; some elected constables lead an office of deputies or officers, similarly to a sheriff. In other states, constables work mainly with local courts to provide security in courthouses and local jails, and serve lawsuits, subpoenas and summonses.
Whether their powers are broad or more limited, constables have law enforcement authority, which gives them significant influence over public safety issues in your community. If you care about criminal justice issues, this is one of the most important elected offices you probably haven’t heard of!
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Source: Origins and Evolution of American Policing, Pearson Higher Education
What have Constables and Marshals done?
As law enforcement officials, constables and marshals have influence in your local criminal justice system, and sometimes in other areas of local government too. Here are just a few examples:
- Troy Beam
Pennsylvania
Was removed from office after attempting to use his authority to ‘commandeer’ voting machines at multiple polling places; in PA, constables are sometimes called on to maintain order at polling places, but don’t have any power over election administration, leading a judge to rule that he had abused his powers - Travis County Constables Office
Texas
Provided security at the home of the county’s District Attorney, José Garza, after he received threats and his address was posted online
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In Louisiana, marshal’s offices can play a big role in handling warrants and fines that people owe to local courts. Since 2011, the Shreveport City Marshall’s Office has held an annual “Amnesty Day” as part of the office’s Amnesty Program. The event is a chance for people with old warrants or unpaid fines to clear things up without the fear of being arrested or charged additional fees. People can reschedule a court date, set up a payment plan for court debt they’ve fallen behind on, or pay what they owe in full.
Not every case qualifies for this program: it’s only for cases in Shreveport City Court, and more serious charges like domestic abuse, DWIs, or probation violations are not included. The program also doesn’t grant amnesty from prosecution for any underlying charges; it simply resolves the arrest warrant and allows a person to schedule their day in court. Still, many residents say the program has helped them move forward without the weight of a warrant hanging over them, and officials say it eases strain on local jails by allowing people to come forward without the risk of arrest. The program does have its critics, who say it could be used as a setup, but others see the event as an opportunity for people to get back on track. Other cities have seen similar results: in Louisville, Kentucky, for example, more than 160 attendees of their 2024 Amnesty Day event were able to resolve old warrants, with many saying they felt “relieved” to put the issue behind them.
Sources: WHAS 11 News; KTBS 3 News; the Shreveport City Marshal’s Office; the Baton Rouge Constable’s Office
How does it work in my state?
Scroll down and click on your state to learn more about the specifics of a constable or marshal’s powers and responsibilities where you live. (If your state isn’t here yet, check back often – we’re adding more info all the time. If your state doesn’t elect these roles, it won’t appear here.)
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Term limits: none; terms are six years
Eligibility: to run for a Constable or Marshal role, you must be eligible to vote in Louisiana, have a high school diploma or equivalent, and live in the area you want to represent. Constables and marshals who are required to carry a gun must complete Peace Officer Standards and Training certification. Constables must also be able to read and write in English, and must be of “good moral character.”
Louisiana has both constables and marshals, and they each have different powers.
- Constables of Justice of the Peace Courts
>One elected Constable per Justice of the Peace Court
Constables are the law enforcement arm of these local courts, which mostly handle small civil matters. They serve subpoenas, summons, and warrants, and carry out evictions and other court orders. They don’t provide courtroom security or work in jails. - Marshals of City Courts (called ‘Constables’ in Orleans and East Baton Rouge only)
>One elected marshal per court, in the cities that have them
Marshals are the law enforcement arm of city courts, which handle both civil and criminal matters. Unlike Justice of the Peace Court Constables, City Marshals have full law enforcement powers. They can serve subpoenas, warrants, evictions, and lawsuits; make arrests; provide security in city court buildings; transport prisoners between jails and courts; and use their authority in traffic, misdemeanor, and felony-level matters. Some marshals appoint and supervise deputies and run their own departments, similarly to sheriffs.
Sources: the Louisiana Secretary of State’s Qualifications of Candidates guide; Louisiana Revised Statutes Title 13 (Courts and Judicial Procedure), sections 13:1311, 13:1879, 13:1881, 13:2163, and 13:2583; the Baton Rouge City Constable’s Office
- Constables of Justice of the Peace Courts
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Term limits: none; terms are six years
Eligibility: to run for local office in Pennsylvania, you must be a registered Pennsylvania voter. Once elected or appointed, constables need to complete 80 hours of basic training to be certified, as well as continuing education every year, and firearms training if they choose to carry a gun (or if one of their responsibilities requires it).
Every borough, township, and city ward in Pennsylvania, except Philadelphia, elects constables. The local Court of Common Pleas can appoint someone to serve as a constable if there’s a vacancy. Their specific duties vary a lot depending on the needs of their local community. Here some of the main responsibilities and powers constables have:
- Acting as an officer of the local court
Serving court papers, serving and carrying out arrest warrants, transporting prisoners between jails and courts, and collecting fines owed to the courts - Providing security in courtrooms (in some counties)
- Maintaining order at polling places
Constables are the only law enforcement officers allowed at polling places in Pennsylvania. Their job on Election Day is to keep the peace and make sure voters can cast their ballots safely, but they have no role in election administration. Sometimes deputy constables are appointed just for Election Day – these deputies don’t have any of the other powers listed here, they only have authority in polling places - Limited law enforcement powers
Constables can make arrests without a warrant under a few specific circumstances, like witnessing a felony firsthand. They can also help direct traffic, but they can’t enforce traffic laws (meaning they can’t issue tickets). They aren’t allowed to do general patrols, carry out investigations, or act as police officers.
Sources: the Pennsylvania Unified Judicial System; Pennsylvania Consolidated Statutes, Title 16 Chapter 123, Title 44 Chapter 71, and Title 75 Section 3102; Chester County District Courts; Pennsylvania State Constables; CBS News Pittsburgh
- Acting as an officer of the local court