17-78-602. Contracted constable authority and duties -- Constables to serve process in certain circumstances.
(1) A constable who has a contract with a county as described in Section: 17-78-601 shall: avoid all conflicts of interest; and maintain a public office and be accessible to the public and to the court during the hours the court is open; and may hire one or more constables to serve as the constable's deputies. Beginning July 1, 2027, a deputy constable shall be licensed under Title 58, Chapter 91, Constables Licensing Act. A deputy constable acting at the direction and general control of the constable who holds a contract with a county, as described in Section, 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. 17-78-601 A constable may contract to provide constable services with more than one county, so long as: the constable informs each county, in writing; and the constable is able to fulfill all the duties for each county that are described: in this part; and 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: the clerk of the court shall direct process to any licensed constable; and the constable chosen by the clerk under Subsectionshall execute process in the same manner as if the constable were sheriff. (2)(a)