Courts and Civil ProcedureProcedure Generally
Writs, Summons and Process
§ 9-5-10.1 Certification of constables.
(a) A person at least twenty-one (21) years of age who complies with the
statute and the requirements set forth in any regulations promulgated by the
department of business regulation may file an application with the department
requesting that the applicant be certified as a constable. Once issued by the
department, such certification shall be effective for a period of two (2) years
or until such approval is withdrawn by the department. Such certified constable
shall be entitled to serve or execute writs and process in such capacity for
any court of the state, anywhere in the state, subject to any terms and
limitations as set forth by the court, and in such number as determined by the
chief judge of the district court.
(b) Certification process.
(i) Any person seeking certification pursuant to this section
shall complete an application and submit it to the department of business
regulation in the form designated by the department for such applications.
(ii) The application shall include information determined by
the department to be relevant to licensure and shall include a national
criminal background check.
(2) Referral to certified constables' board.
(i) Once the applicant has provided a completed application,
the department shall refer the applicant to the certified constables' board by
providing a copy of the application to the board and to the chief judge of the
(i) Following review of the application, the board shall
determine whether the applicant should be recommended for training by the board
to be conducted by a volunteer training constable. If the board determines that
training is appropriate, the applicant shall be assigned to a training
constable who shall be a constable in good standing for a minimum of ten (10)
years and who is approved by the chief judge of the district court to train
(ii) Training shall consist of a minimum of ninety (90) hours
to be completed within ninety (90) days from the date of the referral by the
(iii) Within thirty (30) days from the conclusion of
training, a written report shall be submitted by the training constable to the
board with a copy to the department that reflects the dates and times of
training and comments on the aptitude of the trainee.
(iv) If the board concludes that training is not appropriate
or if the report of the training constable concludes that the applicant does
not have the aptitude to perform the duties of a constable, the board shall so
inform the department which shall deny the application on that basis.
(4) Oral and written tests.
(i) Upon the successful completion of the training period and
recommendation from the training constable, within ninety (90) days, the
applicant shall complete an oral examination on the legal and practical aspects
of certified constables' duties that shall be created and administered by the
(ii) Upon the successful completion of the oral examination,
within sixty (60) days the applicant must complete a written test created by
the board and approved by the chief judge of the district court that measures
the applicant's knowledge of state law and court procedure.
(iii) If the board concludes that the applicant has not
successfully passed either the oral or written test, the board shall so inform
the department which shall deny the application on that basis.
(5) Final review. The department shall review the
application, training record, test scores, and such other information or
documentation as required and shall determine whether the applicant shall be
approved for certification and the person authorized to serve process in the
History of Section.
(P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9.)