Why the State is Targeting Constables

• February 10, 2009
• by ServeNow.com Staff
• In the News
• Legislation

Credited with saving the life of a police officer, an Independence County constable is in danger of losing the position that allowed him to assist that officer in 1999

Salado Township Constable Joe Young responded to a call of an officer needing assistance on Allen Chapel Road to find that a deputy attempting to serve civil papers had gotten into a fight and had been overpowered.

During the fight the deputy’s ear was bitten nearly off and his pistol taken away from him.

As the man sat astride of the deputy, pulling the trigger, Young, who has been a constable for eight years, was the first officer on the scene. He was able to secure the pistol and get the man off the deputy.

Legislation was introduced last week in Little Rock to abolish the position of constable in Arkansas, thus doing away with a state constitutional law that has been on the books for many decades.

House Joint Resolution 1003, Amending the Arkansas Constitution to Abolish the Office of Constable, was introduced in the House of Representatives by Roy Ragland, Republican, District 90, of Marshall.

Ragland told the Guard he was in favor of abolishing the position because he feels the office has outlived its usefulness.

“Originally the office was established because of the lack of communication and lack of fast transportation to bring law and order to rural parts of a county,” Ragland said.

“In this day and time, I feel like constables aren’t needed to handle these responsibilities.

“Because it is a constitutional office, no training can be mandated and with some 800 positions in the state, about 100 are vacant and approximately 23 percent of the officers are filled by people with zero training and don’t do anything,” Ragland said.

“The danger is, untrained constables who may endanger the public with their actions.”

The bill originated in the Senate where it was sponsored by Sen. Sue Madison, Democrat, District 7, of Fayetteville.

Calls to Madison’s office by the Guard regarding the bill have not been returned.

Rep. David Wyatt, Democrat, District 72, of Batesville said Friday that he had not heard anything about the proposed bill but would look into it. “I’m not familiar with it at all,” Wyatt said.

According to the president of the Independence County Constables Association, Sam McBride, Madison has introduced similar legislation in years past that met with defeat.

McBride said constables, who are elected to their position every two years, are not required to get law enforcement training before or after election to the position.

However, the local chapter of constables, as in other counties, are strongly urged to at least attend a 100-hour reserve officer course to have a better understanding of laws and legal procedures.

“I’m really sort of against it (the bill),” said Independence County Sheriff Keith Bowers. “Some of these guys are extra eyes and ears and even manpower for us in a time when I don’t have enough men.

“We’ve got some great constables here, I don’t see a need for change,” Bowers said.

Constables, who must provide their own equipment, are not paid for their services, even though some patrol their townships and even supplement police departments as part-time officers.

Being elected as a constable over the years has enabled a number of people to attend the Arkansas Law Enforcement Training Academy, which allows them a better chance of being hired as a police officer.

The Arkansas Constables Association is slated to meet this weekend, and the proposed legislation will be a topic of discussion, according to McBride.

By Tony McGuffey, Guard Staff Writer