(1)
(a) A constable who has a contract with a county as described in Section 17-78-601:
(i) shall:
(A) avoid all conflicts of interest; and
(B) maintain a public office and be accessible to the public and to the court during the hours the court is open; and
(ii) may hire one or more constables to serve as the constable's deputies.
(b) Beginning July 1, 2027, a deputy constable shall be licensed under Title 58, Chapter 91, Constables Licensing Act.
(c) A deputy constable acting at the direction and general control of the constable who holds a contract with a county, as described in Section 17-78-601, may fulfill any duty of a constable described in this part unless the action is limited in or specifically prohibited by the contract between the constable and the county.
(d) A constable may contract to provide constable services with more than one county, so long as:
(i) the constable informs each county, in writing; and
(ii) the constable is able to fulfill all the duties for each county that are described:
(A) in this part; and
(B) in any contract between the constable and a county.
(2) In cases where the sheriff is a party, or where an affidavit is filed with the clerk of the court stating partiality, prejudice, consanguinity, or interest on the part of the sheriff:
(a) the clerk of the court shall direct process to any licensed constable; and
(b) the constable chosen by the clerk under Subsection (2)(a) shall execute process in the same manner as if the constable were sheriff.