Constables

Utah Code tit. 17, ch. 17-78, pt. 17-78-P6

in effect

Utah Code § 17-78-601 County legislative body to determine whether to contract with constables -- Contract requirements.

17-78-601. County legislative body to determine whether to contract with constables -- Contract requirements. (1) Beginning January 1, 2027, a county may not contract with a constable who is not licensed under Title 58, Chapter 91, Constables Licensing Act. (2) To select a constable for a county contract, the legislative body of a county of the first or second class shall establish a nominating commission. (a) The county nominating commission shall consist of: (i) one member of the county legislative governing body or the member's designee; (ii) one judge or the judge's designee; (iii) the county attorney or the county attorney's designee; (iv) the district attorney or the district attorney's designee; (v) the sheriff of the county or the sheriff's designee; and (vi) one private citizen. (b) The nominating commission described in this Subsection (2) shall review each applicant's credentials and, by majority vote, recommend to the legislative governing body of the county the nominees the nominating commission finds most qualified. (c) The county legislative body shall either select or reject any nominee that the nominating commission recommends under Subsection (2)(b). (3) The legislative body of a county of the third, fourth, fifth, or sixth class may select a constable on a recommendation from: (a) the county sheriff and the county attorney; or (b) the chief of police. (4) A county legislative body that selects a constable under this section shall issue to the constable a contract including, at minimum, the following provisions: (a) the scope of the services the county seeks from the constable, including any deputy constables the constable hires in accordance with Section 17-78-602; (b) the circumstances in which the county shall indemnify the constable and deputy constables, if any; (c) the circumstances in which the constable shall indemnify the county, if any; (d) that the county may cancel the contract for cause at any time and shall cancel the contract if: (i) the constable's peace officer certification is suspended or revoked under Section 53-6-211; or (ii) beginning January 1, 2027, the constable's license is suspended or revoked by the Division of Professional Licensing in accordance with the provisions of Title 58, Chapter 91, Constables Licensing Act; (e) the minimum levels of insurance coverage the county requires the constable to carry; (f) whether the county requires the constable to provide a bond, and if so, at what level; (g) the remuneration owed to the constable under the contract for services rendered to the county, if different than the fees described in this part or not otherwise set in county ordinance; and (h) a maximum term of four years. (5) A contract described in Subsection (4) may be renewed or extended by written amendment for up to four years per written amendment. (6) If a county and an appointed constable fail to negotiate and execute a contract in accordance with this section, the constable may not fulfill the duties described in this part for the county. (7) If a county terminates a contract described in Subsection (4), the county shall notify the Division of Professional Licensing. (8) Contracting for constable services does not constitute a procurement and a county that issues a contract to a constable as described in this part is not required to comply with procurement processes described in Section 17-63-506 in regard to that contract. Amended by Chapter 130, 2026 General Session

Utah Code § 17-78-602 Contracted constable authority and duties -- Constables to serve process in certain circumstances.

17-78-602. Contracted constable authority and duties -- Constables to serve process in certain circumstances. (1) (a) A constable who has a contract with a county as described in Section 17-78-601: (i) 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; and (ii) may hire one or more constables to serve as the constable's deputies. (b) Beginning July 1, 2027, a deputy constable shall be licensed under Title 58, Chapter 91, Constables Licensing Act. (c) A deputy constable acting at the direction and general control of the constable who holds a contract with a county, as described in Section 17-78-601, may fulfill any duty of a constable described in this part unless the action is limited in or specifically prohibited by the contract between the constable and the county. (d) A constable may contract to provide constable services with more than one county, so long as: (i) the constable informs each county, in writing; and (ii) the constable is able to fulfill all the duties for each county that are described: (A) in this part; and (B) in any contract between the constable and a county. (2) In cases where the sheriff is a party, or where an affidavit is filed with the clerk of the court stating partiality, prejudice, consanguinity, or interest on the part of the sheriff: (a) the clerk of the court shall direct process to any licensed constable; and (b) the constable chosen by the clerk under Subsection (2)(a) shall execute process in the same manner as if the constable were sheriff. Amended by Chapter 130, 2026 General Session

Utah Code § 17-78-603 Activity outside a jurisdiction -- Constables to provide service to justice courts in certain circumstances -- Agent of governmental entity in certain circumstances.

17-78-603. Activity outside a jurisdiction -- Constables to provide service to justice courts in certain circumstances -- Agent of governmental entity in certain circumstances. (1) (a) A constable who is serving process outside the county with which the constable holds a contract, as described in Section 17-78-601, shall contact the sheriff's office or police department of the jurisdiction before serving executions or seizing any property in the jurisdiction. (b) A constable shall notify the sheriff's office or police department of a jurisdiction before executing a warrant in the jurisdiction. (2) A county may require a contracted constable to: (a) attend the justice courts within the county; and (b) execute, serve, and return all process directed or delivered to the constable by a judge of the justice court serving the county, or by any competent authority within the limits of this section. (3) When acting under Subsection (1) or (2), or Section 17-78-605, the constable shall serve exclusively as an agent for: (a) the county that authorizes and directs the constable's action; or (b) the court authorizing or directing the constable's action. (4) Notwithstanding Subsection (3): (a) a county that contracts with a constable under this part may authorize residents of and businesses in the county to request the constable's services in civil matters, subject to fees described in Section 17-78-604; and (b) a constable may take any action in a civil matter: (i) that the constable is licensed to perform; (ii) for a private client; (iii) that is not prohibited by a contract described in Section 17-78-601; (iv) does not constitute a conflict of interest; and (v) does not interfere with the constable's duty to be accessible to the court and the public as described in Section 17-78-602. Amended by Chapter 130, 2026 General Session

Utah Code § 17-78-604 Constables in civil actions -- Fees for constables.

17-78-604. Constables in civil actions -- Fees for constables. (1) A constable who holds a county contract described in Section 17-78-601 may, for the constable's own use, collect as compensation in civil matters the same fees as those specified for sheriffs in Section 17-72-304. (2) Constable fees that exceed the amounts in Section 17-72-304 are recoverable: (a) by the constable only if the constable receives prior approval for the increased fee from the party requesting the service; and (b) by a prevailing party as a cost of the action, if the court finds the service and increased fee are justifiable. (3) (a) A county may, by resolution or ordinance, establish fees for constable services in addition to or in excess of the fees described in Section 17-72-304. (b) A county may: (i) charge and collect a fee for constable services in a civil matter directly from the county resident who requests the services and remit the fee to the constable; or (ii) authorize the constable to directly charge and collect a fee for constable services in a civil matter, in accordance with this section and any fees established by the county under Subsection (3)(a). (4) Nothing in this section prohibits a constable from charging a private client a fee in a civil matter in which the county is not involved according to mutually agreed upon terms between the constable and the private client, unless the fee is prohibited by another provision of law. Amended by Chapter 130, 2026 General Session

Utah Code § 17-78-605 Constables in criminal actions -- Fees for constables.

17-78-605. Constables in criminal actions -- Fees for constables. (1) (a) A constable may only take action in a criminal matter: (i) at the direction of a county with which the constable holds a contract; (ii) according to the terms of the contract between the constable and the county; and (iii) after January 1, 2027, if the constable is licensed. (b) For purposes of Subsection (1)(a)(i), taking action at the direction of a county includes acting at the direction or request of: (i) the county attorney for the county; (ii) the district attorney for the county; (iii) the county sheriff; (iv) a justice court judge in the county; or (v) an individual designated in the contract between the county and the constable as an individual able to direct or request the constable's action in a criminal matter. (2) (a) Except as provided in Subsections (4) and (7), a county shall pay a contracted constable in criminal matters for each copy of a summons, subpoena, notice, court order, or other criminal paper as follows: (i) $5 for each defendant served; and (ii) (A) mileage of $1 per mile for each mile necessarily traveled in going only, to be computed from either the courthouse, or when transmitted by mail, from the post office where received; or (B) mileage for each mile necessarily traveled, at a rate and in a manner to be computed as described in the contract between the constable and the county. (b) If more than one trip is necessary to serve, or diligently attempt to serve, service of process, a constable may collect mileage charges for more than two trips only if the party requesting the service of process has approved the additional mileage charges. (c) A constable shall individually document each charge under this Subsection (2) on the affidavit of return of service. (3) If a constable serves process in a county other than the county where the process originated, travel expenses may not exceed the fee that would be charged if served by the sheriff of that county under Chapter 72, County Sheriff. (4) (a) A contracted constable acting under this chapter may charge a county a fee of $1 for each mile traveled for the purpose of serving, or to diligently attempt service of, a warrant of arrest, both in going to and returning from the defendant's address. (b) If more than one trip is necessary to serve, or diligently attempt to serve, a warrant of arrest, a constable may collect no more than two additional mileage charges. (c) A constable shall individually document each charge under this Subsection (4) on the affidavit of return of service. (5) For arresting an individual and bringing the individual into court, or otherwise satisfying a warrant, a constable may charge the county a fee of $15. (6) (a) Constables shall bill the county for services in criminal cases according to the terms of the constable's contract and this section. (b) Upon receipt of a bill from a constable, the county attorney or district attorney shall: (i) certify the bill if the bill is correct; and (ii) provide the certified bill to the county auditor or finance officer. (c) The county legislative body may reject constable bills in all causes or proceedings in which the county attorney or district attorney has not authorized the issuance of the warrant of arrest in writing. (7) A county may, in the contract described in Section 17-78-601, establish different fees for services than the fees described in this section. Amended by Chapter 105, 2026 General Session

Utah Code § 17-78-606 Fees for constable service of process -- Exception.

17-78-606. Fees for constable service of process -- Exception. (1) The legislative body of a county that contracts with a constable may set a fee by ordinance, in accordance with Section 17-64-501, for a service provided by the constable the same as the county legislative body sets fees for a county sheriff as described in Section 17-72-304. (2) Constable fees that exceed the amounts in Section 17-72-304 are recoverable in court: (a) by the constable only if the constable 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. Amended by Chapter 130, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter78/17-78-P6.html?v=C17-78-P6_2025110620251206Fetched: 10/26/2026