§ 45-16-11 - Judicial order disqualifying sergeant or constable from serving process.
SECTION 45-16-11
§ 45-16-11 Judicial order disqualifyingsergeant or constable from serving process. – Whenever complaints, in writing, are made to the district court that any townsergeant or constable has been guilty of malfeasance, misfeasance, nonfeasance,or misconduct in serving or attempting to serve or pretending to serve any writor process returnable to the district court, or has made a false return uponany writ or process, or has charged or exacted, for the service of any writ orprocess, fees greater than those allowed by law, or has, within a division of adistrict court, been guilty of any malfeasance or misconduct in his or heroffice other than that previously mentioned, the court shall cite the townsergeant or constable to appear before it at a time and place certain to answerto the complaint. A citation shall contain generally the substance of thecomplaint or have annexed a copy of the complaint. If, upon hearing of thecomplaint, the court finds and adjudges the complaint to be true, the courtshall enter an order in its records disqualifying and debarring the townsergeant or constable from serving and executing any writ or process issuingfrom the district court until the further direction of the court. Thereupon,the town sergeant or constable shall be disqualified and debarred from servingor executing any writ or process issuing from the district court until thefurther direction of the court. The court shall send a certified copy of theorder to the clerk of each division of the district court, and shall also senda certified copy of the order to the town clerk or city clerk from which thetown sergeant or constable was appointed or elected, or the clerk of the boardappointing the constable, if appointed by any board.