Due to the increases in the lawful duties of the Sheriff’s Office, we are unable to continue the transport of defendants from the county jail to district judges for preliminary hearings. The responsibility for transporting defendants to district judges is with the arresting agency. The officer who signed the criminal complaint must attend the hearing, as is done in all other counties in Pennsylvania. The responsibility is on the police to have the defendant appear. In some counties, constables assist with transports.
Again, only in Westmoreland County, due to a 2006 court order and agreed to by the sheriff at that time, was this shift in duties made. Sheriffs throughout Pennsylvania do transports for Courts of Common Pleas. Sheriffs protect the judges and Courts of Common Pleas. We do not work for the 16 district courts.
Any cost incurred by the police utilizing constables for assistance is recovered by the county in the final total court cost placed on the defendant. Constables are ready to assist the police in Westmoreland County.
Because of the 2006 court order, we have taken six deputies from the lawful duties on second shift to transport for 16 district judges. Again, this is not the duty of the sheriff’s department.
To fulfill the required duties of this office for second shift, we hold deputies over from the daylight shift at time-and-a-half pay. This causes thousands of unnecessary hours in overtime. Cost is incurred on the backs of county taxpayers.
By placing deputies from the district judge transports back to their lawful duties on second shift, we can save countless hours of overtime and a significant amount of money. It is common sense to return the transport of defendants at the district judge level back to the arresting agency. The experiment of 2006 is no longer feasible, as we do not have the personnel, and the unnecessary cost to taxpayers is unacceptable.
If changing the system in 2006 was a great idea, why have all the Pennsylvania counties rejected it?
In January 2025 we attempted to correct a worsening situation, but we were met with resistance. Our only recourse was filing a legal motion.
We ask for rescinding of the 2006 court order and the return of transport for district judges to the proper police agencies.
James Albert
Greensburg
The writer is Westmoreland County sheriff.