Constable Ethics Standards and Training Board

Revision Date: 
Saturday, September 5, 2020

Authority

The Constable Ethics Standards and Training Board was created in 2007, replacing the Constable Ethics Committee, which had been established in 2001. General statutory provisions relating to constables may be found at A.R.S. §§22-131 et seq. Current statutory authority for the Board is found at A.R.S. §§22-136 through 22-138. Administrative rules are found at A.A.C. R13-14-101 et seq.

Function

The officers of a justice precinct consist of a justice of the peace and a constable, who are elected by voters in the precinct to terms of four years. Constables execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace (A.R.S. §22-102 and §22-131).

The Constable Ethics Standards and Training Board is required to adopt and enforce a code of conduct for constables; establish procedures to conduct confidential investigations and hold hearings; investigate written complaints regarding a constable’s ethical conduct; remedy a constable’s inappropriate behavior; and with the approval of the Director of Arizona Peace Officer Standards and Training Board (AZPOST), adopt a standardized daily activity log. The Board is authorized to enter into contracts and interagency agreements, and to certify organizations that provide training and support programs for constables. Newly elected constables are required to complete a mandatory basic training course within six months of election and 16 hours of continuing education each year. Courses must be approved by AZPOST.

Finally, the Board administers the Constable Ethics Standards and Training Board Fund, consisting of monies received from writ fees collected on behalf of a justice of the peace. Monies in the Fund are used for training, equipment and operating expenses, are exempt from lapsing and are continuously appropriated to the Board.

History

Laws 2000, Chapter 114 established the Joint Legislative Study Committee on Constables’ Salaries, consisting of ten legislative members. The committee was required to: review the current method of establishing constables’ salaries and possible alternatives; consider eliminating the position of constable and finding an alternative to fulfill the duties; review the job duties of constables; and examine the process by which justice precincts are drawn. A report with recommendations was due to the Governor, Legislature and Secretary of State by December 15, 2000. At the final meeting on January 3, 2001, Senator Tom Smith directed staff to draft legislation to address training, compensation, oversight, duties and options for removal from office. The committee had also discussed establishing a constable ethics committee and establishing oversight of constable conduct much like Judicial Code of Conduct.

Laws 2001, Chapter 4 increased constables’ salaries, established requirements related to documentation of work records, and outlined training requirements. The measure also established the nine-member Constable Ethics Committee and delineated its responsibilities which included adopting a code of conduct and investigating complaints.

Laws 2006, Chapter 280 modified the membership of the Constable Ethics Committee and established the Constable Ethics Committee Fund, consisting of monies received from writ fees served on behalf of a justice of the peace. The Fund was established for constable training, equipment and operating expenses of the Committee.

Laws 2007, Chapter 143 established the Constable Ethics Standards and Training Board, which replaced the Constable Ethics Committee and modified the duties of the Board. The measure also transferred all monies in the Constable Ethics Committee Fund to the Constable Ethics Standards and Training Board Fund.

Laws 2008, Chapter 109 increased the number of hours of continuing education required for constables from 8 hours to 16 hours and clarified that monies in the Fund could be used for training purposes.

Laws 2016, Chapter 252 modified membership of the Board; required the Board to adopt a standardized daily activity log for constables; and created the position of presiding constable in counties with four or more constables. The measure expanded the Board’s authority to take disciplinary action or suspend a constable; allows the Board to refer investigations of criminal acts to the county attorney’s office; and allows a constable to seek judicial review of a final order.

Sources

  • Arizona Revised Statutes §§22-102 & 22-131 et seq.
  • Arizona Administrative Code §§R13-14-101 et seq.
  • Session Laws
    • Laws 2000, Chapter 114
    • Laws 2001, Chapter 4
    • Laws 2006, Chapter 280
    • Laws 2007, Chapter 143
    • Laws 2008, Chapter 109
    • Laws 2016, Chapter 252
  • Website of the Constable Ethics Standards and Training Board: cestb.az.gov
  • Joint Legislative Study Committee on Constables’ Salaries. Minutes of final meeting held
    • January 3, 2001.

Related collections at Arizona State Archives

  • Record Group 222 – Board of Constable Ethics Standards and Training