New Kentucky Law Changing Constable Powers

Somerset, Kentucky (SPA)---In the 2022 Regular Session, the Kentucky General Assembly passed House Bill 239 (HB 239), which became law on April 8, 2022. The law fundamentally redefines the authority of constables elected for the first time after January 1, 2023. 

Under HB 239:

• A newly elected constable (or appointed deputy constable) will not have the general powers of a peace officer or police officer unless that person obtains state certification through the Kentucky Law Enforcement Council (KLEC) and completes a basic law enforcement training academy under Kentucky Revised Statutes (KRS) 15.380. 
• Current constables who were in office before the January 1, 2023 effective date are grandfathered in, meaning they retain their existing police powers without needing to complete the new training requirement. 
• Those newly elected who do not achieve certification will retain the title of constable but be limited to non-law enforcement functions such as serving court papers and other statutory duties. 

This law aims to professionalize the office, ensuring that constables who exercise arrest and enforcement authority meet the same basic peace officer standards as other Kentucky law enforcement personnel. 

Specifics of the Certification Requirement

Under the statute as codified (most recently reflected in 2025 revisions):

• Constables (and deputies) seeking law enforcement powers must meet POPS (Peace Officer Professional Standards) and complete a KLEC-approved basic academy (an 18–20-week curriculum). 
• Certification is governed by KRS 15.380, which sets minimum standards for law enforcement officer certification in Kentucky. 

The KLEC has promulgated procedures for newly elected constables to submit documentation and qualify for testing and training, but failing to complete the academy means the individual cannot exercise law enforcement authority. 

Pulaski County Context

In Pulaski County (KY), constables have historically been elected officials with full peace officer powers, including arrest authority, traffic enforcement, and other duties commonly associated with law enforcement. Under HB 239, any first-time candidate elected in the 2026 cycle (and beyond) will be restricted from exercising those powers unless they complete the state’s certification pathway. This marks a major shift in the scope of the office.

For Pulaski County candidates, that means:

• If elected for the first time in 2026 and not formerly certified, you will only be able to serve court documents and perform statutory non-enforcement duties until you complete POPS and academy training. 
• Incumbent constables elected prior to January 1, 2023 retain existing powers and do not need retroactive certification to maintain peace officer status. 

This change has direct implications for recruitment, campaigning, and public expectations in Pulaski County, where the role of constable has traditionally involved active policing.

Court Challenges to HB 239

Shortly after HB 239’s enactment, the Kentucky Constables Association and others filed a lawsuit challenging the law. The complaint sought:

• A declaration that HB 239 was unconstitutional because it purportedly amended the qualifications for the office of constable, in violation of Sections 99 and 101 of the Kentucky Constitution.
• A permanent injunction against enforcement of the new certification requirement.
• Claims that the law treated constables differently than sheriffs (equal protection), limited voters’ choice, and effectively rendered the office an “empty shell.” 

However, in its January 18, 2024 order, the Franklin County Circuit Court granted motions to dismiss the plaintiffs’ complaint, concluding that:

• HB 239 did not alter the constitutional qualifications to hold office, because constitutional qualifications (age, residency, citizenship) differ from statutory police powers.
• The law did not violate equal protection or other constitutional claims.
• The certification requirement targets the exercise of police powers, not the ability to be elected constable. 

When appealed, the Kentucky Court of Appeals affirmed the dismissal, holding that HB 239’s training requirement does not unlawfully change office qualifications or strip the position of lawful duties. 

Practical Impact for Pulaski County

For Candidates Filing in 2026

• Candidates should plan to seek certification immediately if they intend to exercise law enforcement authority after taking office.
• Failing to complete training means duties will be largely limited to administrative and court-service roles.

For Voters and Public Safety Stakeholders

• Pulaski County voters will see a clear distinction between certified law enforcement constables and those who serve in a more restricted capacity.
• This change aligns the constitutional office with modern law enforcement standards but may also affect local approaches to public safety, collaboration with county sheriff and city police, and response capabilities.

Links to Key Legal Sources

• HB 239 bill text and status (2022)—Full legislative history and summary. House Bill 239 (KY Legislature)
• DOCJT summary of constable provisions—Explains certification requirements. 2022 General Assembly Report on HB 239 (DOCJT)
• KLEC guidance on certification – Step-by-step requirements for newly elected constables. KLEC Constable Informational Update
• Court of Appeals decision on challenge to HB 239 – Detailed account of the constitutional challenge and ruling affirming the law’s validity. Kentucky Constables Ass’n v. DOCJT (2025)