§ 7172. Incompetence.
(a) Inquiry.--A court of common pleas with competent jurisdiction may inquire into the official conduct of the constable if any of the following apply:
(1) A surety of the constable files a verified petition alleging that the constable is incompetent to discharge official duties because of intemperance or neglect of duty.
(2) Any person files a verified petition alleging that the constable is incompetent to discharge official duties for a reason other than intemperance or neglect of duty. This paragraph includes an act of oppression of a litigant or a witness.
(b) Determination.--If the court determines that the constable is incompetent to discharge official duties, the following apply:
(1) The court may:
(i) require additional security from the constable; or
(ii) remove the constable from office.
(2) Upon removal under paragraph (1)(ii), the court may appoint a suitable individual to fill the vacancy until a successor is elected and qualified. The appointed individual must have a freehold estate with at least $1,000 beyond incumbrance or furnish security.
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