certain circumstances -- Agent of governmental entity in certain circumstances. (1) (a) A constable who is serving process outside the county with which the constable holds a contract, as described in Section 17-78-601, shall contact the sheriff's office or police department of the jurisdiction before serving executions or seizing any property in the jurisdiction. (b) A constable shall notify the sheriff's office or police department of a jurisdiction before executing a warrant in the jurisdiction. (2) A county may require a contracted constable to: (a) attend the justice courts within the county; and (b) execute, serve, and return all process directed or delivered to the constable by a judge of the justice court serving the county, or by any competent authority within the limits of this section. (3) When acting under Subsection (1) or (2), or Section 17-78-605, the constable shall serve exclusively as an agent for: (a) the county that authorizes and directs the constable's action; or (b) the court authorizing or directing the constable's action. (4) Notwithstanding Subsection (3): (a) a county that contracts with a constable under this part may authorize residents of and businesses in the county to request the constable's services in civil matters, subject to fees described in Section 17-78-604; and (b) a constable may take any action in a civil matter: (i) that the constable is licensed to perform; (ii) for a private client; (iii) that is not prohibited by a contract described in Section 17-78-601; (iv) does not constitute a conflict of interest; and (v) does not interfere with the constable's duty to be accessible to the court and the public as described in Section 17-78-602.
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