§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.