Justice of the Peace

The office of John Clemens, Mark Twain's father, who was the Justice of the Peace in Hannibal, Missouri when it was a frontier settlement. Samuel Langhorne Clemens (November 30 1835 – April 21 1910 better known by the Pen name Mark Twain, was an American Humorist, satirist Hannibal is a city in Marion and Ralls counties in the US state of Missouri.

A justice of the peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. Puisne (from Old French puisne, modern puîné, later born inferior Lat A judicial officer is a person with responsibilties and powers to facilate arbitrate preside over and make decisions and directions in regard to the application of Laws Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right Depending on the jurisdiction, they might dispense summary justice and deal with local administrative applications in common law jurisdictions. Not to be confused with formal proceedings of so-called Summary judgment (e Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have a formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs (for example Queensland and Victoria, Australia, and the United Kingdom). Queensland is a state of Australia, occupying the north-eastern corner of the mainland continent The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located

History

In 1195, Richard I ("the Lionheart") of England commissioned certain knights to preserve the peace in unruly areas. Richard I (8 September 1157 &ndash 6 April 1199 was King of England from 6 July 1189 until his death England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Knight is the English term for a social position originating in the Middle Ages. They were responsible to the King for ensuring that the law was upheld, and preserved the "King's Peace", and were known as Keepers of the Peace.

An Act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace"; such individuals were first referred to as Conservators of the Peace, or Wardens of the Peace. A Conservator of the Peace is defined as a public official authorized to conserve and maintain the Public peace. The title "justices of the peace" derives from 1361, in the reign of King Edward III Plantagenet. Edward III (13 November 1312 &ndash 21 June 1377 was one of the most successful English monarchs of the Middle Ages. The "peace" to be guarded is the "King's peace" or (currently) Queen's peace, the maintenance of which is the duty of the Crown under the royal prerogative. The Queen's peace (or during the reign of a male monarch King's peace) is the term used in the Commonwealth realms to describe the protection the monarch in right Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government The Royal Prerogative is a body of customary authority privilege and immunity recognised in Common law and sometimes in Civil law jurisdictions possessing a monarchy Justices of the peace still use the power conferred or re-conferred on them in 1361 to bind over unruly persons "to be of good behaviour. " The bind over is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. The justices' alternative title of "magistrate" dates from the sixteenth century, although the word had been in use two hundred years earlier to describe some legal officials of Roman times. A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. Ancient Rome was a Civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC ^[1]

The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. The Municipal Corporations Act 1835 (5 & 6 Wm IV c76 - sometimes known as the Municipal Reform Act - required members of town councils ( Municipal corporations This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. TalkCommonewalth realm.--> The monarchy

Until the introduction of elected county councils in the 19th century, JPs, in Quarter Sessions, also administered the county at a local level. A County council is the elected administrative body governing an area known as a County. The Courts of Quarter Sessions or Quarter Sessions were periodic courts held in each County and County borough in England and Wales until They fixed wages, regulated food supplies, built and controlled roads and bridges, and undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county.

Being an unpaid office, undertaken more for the sake of renown and to confirm the justice's standing within the community, the justice was typically a member of the gentry. Gentry generally refers to people of high Social class, especially in the past The justice of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act Infraction as a general term means a violation of a rule or Local ordinance or regulation promise or obligation A local ordinance is a Law usually found in a municipal code. A bylaw (sometimes also spelled by-law or byelaw) most commonly refers to a city or municipal law or ordinance passed under the authority of a Charter Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of justice of the peace had to petition the Crown for authority to hire a paid stipendiary magistrate. A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law.

In the centuries from the Tudor period until the onset of the Industrial Revolution, the JPs constituted a major element of the English (later British) government system, which had been termed sometimes squirearchy (i. The Industrial Revolution was a period in the late 18th and early 19th centuries when major changes in agriculture manufacturing and transportation had a profound effect on the Landed gentry is a term traditionally applied in Britain to those people of a certain type and education who possess land in the form of country estates often (but e. , dominance of the land-owning gentry). Gentry generally refers to people of high Social class, especially in the past For example, historian Tim Blanning notes^[2] that while in Britain the royal prerogative was decisively curbed by the 1689 Bill of Rights, in practice the central government in London had a greater ability to get its policies implemented in the rural outlying regions than could contemporary absolute monarchies such as France - a paradox due especially to JPs belonging to the same social class as the Members of Parliament and thus having a direct interest in getting laws actually enforced and implemented on the ground. Timothy C W Blanning (born 1942 is a historian at the University of Cambridge, focusing on the history of Continental Europe from the 17th century to the beginning A Bill of Rights is a list or summary of rights that are considered important and essential by a group of people Absolute monarchy is a monarchical Form of government where the king and queen have absolute power over everything This article is about the country For a topic outline on this subject see List of basic France topics.

Women were not allowed to become JPs until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, who was a JP by virtue of her office. Stalybridge is a town within the Metropolitan Borough of Tameside, in Greater Manchester, England Now in Britain 50% of JPs are women.

In special circumstances, a Justice of the peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity. This was the case in the Tati Concession Land, a gold-mining concession (territory) in the Matabele kingdom, until its annexation by the British Bechuanaland protectorate. In International law, a concession is a territory within a Country that is administered by another entity than the State which holds Sovereignty This article relates to the Ndebele people of Zimbabwe For other uses of the term please see Ndebele. The Bechuanaland Protectorate (BP was a protectorate established on March 31, 1885, by the United Kingdom in Southern Africa.

Modern use

Australia

A justice of the peace in Australia is typically someone of good stature in the community who is authorized to witness and sign statutory declarations and affidavits and to certify copies of original documents. A statutory declaration is a legal document defined under the law of certain Commonwealth nations An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the Criteria for appointment vary widely, depending on the state. For example, in Queensland, a justice of the peace (qualified) must complete an exam prior to being eligible for appointment, whereas in Victoria, a person need only prove good character by way of references. Queensland is a state of Australia, occupying the north-eastern corner of the mainland continent

Generally speaking, a justice of the peace cannot act in relation to a document which is to be used in a foreign country. One exception to this, however, is that countries in the Commonwealth frequently accept documents so certified, but this is largely dependent on local legislation.

Documents which are to be used in a foreign country that does not provide for a foreign JP to witness them should be dealt with by a notary public. A notary public is an officer who can administer Oaths and Statutory Declarations Witness and authenticate documents This is the same for all countries where the office of a justice of the peace exists. Notary publics are appointed from amongst the ranks of solicitors and barristers, and the best way to locate one is to contact your local law society. A Law Society in current and former Commonwealth jurisdictions is an association of solicitors (effectively the trade organisation for solicitors which has a regulatory role

Queensland

In the state of Queensland, a "justice of the peace (qualified)" has the additional powers to issue search warrants, arrest warrants, justices examination orders, and (in conjunction with another justice of the peace (qualified) constitute a magistrates' court and exercise powers to remand defendants in custody, grant bail, and adjourn court hearings. Queensland is a state of Australia, occupying the north-eastern corner of the mainland continent

Some justices are appointed as justice of the peace (magistrates' court), usually in remote aboriginal communities, to perform many of the functions that might otherwise fall to a stipendiary magistrate. Indigenous Australians are descendants of the first known human inhabitants of the Australian continent and its nearby islands. A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law.

In Queensland, Justices of the Peace, Commissioner for Declarations (JP C. Dec) have powers limited to witnessing documents, witnessing statutory declarations, witnessing affidavits, witnessing and administering oaths and affirmations.

Victoria

Justices of the peace and bail justices are appointed to serve a semi-judicial function in all areas of the Victorian community. The main official roles they play in the Victorian community include witnessing statutory declarations, witnessing affidavits and hearing bail matters outside court hours (bail justices only).

Justices of the peace

Justices of the peace (JPs) provide a service to the community as independent witnesses of statutory declarations, powers of attorney and affidavits. JPs are recommended by the state Attorney-General and appointed by the Governor-General in Council, and it is their job to authorise and witness statutory declarations and affidavits within the state of Victoria. There are currently more than 4,000 JPs serving in all areas of the state.

Bail justices

The role of a bail justice is to hear bail applications (under the Bail Act 1977) and to hear applications for interim accommodation orders for children (under the Children and Young Persons Act 1989) within Victoria. Bail justices, once appointed, may remain in their role until they turn 70 years of age (although they must be under 65 at the time of their appointment). They are often required to attend call outs and rule on bail applications or protection applications for children in danger on weekends and late at night when the courts are closed, but they can also witness Victorian statutory declarations and affidavits. Candidates must successfully complete a three-day training course run by Victoria Police, the Magistrates' Court, and the Department of Justice. Bail justices also have some limited powers under federal legislation, including the power to conduct interstate extradition hearings and extending question time for federal police.

Source: http://www.justice.vic.gov.au/

New South Wales

Justices of the peace perform few judicial functions, if any, in New South Wales. Those justices employed by the Attorney-General's Department can issue some kinds of warrant, and perform minor judicial functions such as granting bail outside normal court sitting hours. These powers are increasingly being transferred to Registrars of the Local Court, who (usually, but not always) have legal qualifications. There are over 160 Local Courts in NSW. Local Court cases are heard by a Magistrate without a Jury.

This aspect aside, justices of the peace in NSW typically receive stat declarations and affidavits - primarily administrative tasks. A statutory declaration is a legal document defined under the law of certain Commonwealth nations

Justices of the peace can be located in courthouses, municipal councils, and many public service offices. Previously a lifetime appointment, the term was limited to five years from 8 December 2003 at which time all previous lifetime appointments lapsed. The New South Wales Government provides a web service that allows people to locate a suitable JP: here.

South Australia

In South Australia, there are two types of justices: justices of the peace and special justices.

A justice of the peace (JP) in South Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations, affidavits, waiver rights, search warrants, drug warrants, divorce documents, and to certify copies of original documents and to witness the signing of power of attorney and guardianship documents, providing the JP is satisfied with the capability of the signatory. A statutory declaration is a legal document defined under the law of certain Commonwealth nations An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search A power of attorney (POA or letter of attorney in Common law systems or Mandate in civil law systems is an authorization to

Special justices are a higher level of justice of the peace in South Australia; they sit casually on the bench of the magistrates' court hearing cases in the petty division. A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and

The South Australian Attorney-General has set up a web site to locate justices of the peace: [2]. The majority of metropolitan and many regional Councils (Local Government authorities) have a rotational Justice of the Peace in residence at nominated times.

Canada

In Canada, justices of the peace (Justices) play a key role in the administration of justice at the provincial level. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Justices are appointed by the lieutenant governors of Canada's provinces, and by the commissioners of Canada's territories, on the advice of their relevant premier. In Canada, the Lieutenant-Governor (lɛfˈtɛnənt often without a Hyphen) ( French: lieutenant-gouverneur, or: lieutenant-gouverneure Commissioner is a designation that may be used for a variety of official positions especially referring to a high-ranked public (administrative or Police) official or an analogous This article is about the government position For other uses see Prime Minister (disambiguation.

Canada is a vast country and Justices are often the only magistrates in some regions. In the Northwest Territories, Justices are regularly assigned to hear federal crimes. The Northwest Territories (ˌnɔrθˌwɛstˈtɛrɨtɔriz ( NWT or NT; French, les Territoires du Nord-Ouest) is a territory However, in more populated provinces Justices usually preside over bail hearings and provincial offences courts. When not in a court session, a Justice can perform other judicial functions, such as issuing search warrants.

In Ontario, Justices perform a wide variety of duties related to criminal and regulatory law, at the federal, provincial and municipal levels. Ontario (ɒnˈtɛrioʊ is a province located in the central part of Canada, the largest by population and second largest after Quebec Current information on the role of a Justice in Ontario can be found at role of Justices in Ontario. Information on qualifications and selection criteria can be found at Qualifications for Justices in Ontario.

In British Columbia, pursuant to the Provincial Court Act, all judges are Justices of the Peace, and hence all of them are Peace Officers. British Columbia (ˌbrɪtɨʃ kəˈlʌmbiə ( BC) ( (la Colombie-Britannique C A law enforcement officer (also called peace officer) in North America, is any public-sector person charged with upholding the peace, mainly

Hong Kong

In Hong Kong, the historical functions of justices of the peace have been replaced by full-time, legally-qualified magistrates. Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders The Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong Nowadays, justices of the peace are essentially titles of honour given by the Government to community leaders, and to certain officials while they are in their terms of offices. They have no judicial functions, and their main duties include visiting prisons, institutions for young offenders and drug addicts, psychiatric hospitals, remand homes, places of refuge, reception and detention centres [3], and administering statutory declarations. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of

Jamaica

A justice of the peace (JP), according to the Ministry of Justice, is a person of unquestionable integrity who seeks to promote and protect the rights of the individual and helps to provide justice to persons in a particular community. Additionally, the JP serves as a justice in petty court sessions, attends juvenile court sessions, issues summonses, considers applications for bail, explains and signs legal documents, sits on licensing panels, and gives counsel/advice. Any Jamaican citizen that can speak and write English is eligible to become a JP. Jamaica (ˈdʒəˈmeɪkə} is an Island nation of the Greater Antilles, in length and as much as in width situated in the Caribbean Sea. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States Any club/organisation/citizen can recommend someone to become JP for a community. JPs are chosen under the Governor-General's discretion. The term governor general or governor-general refers to a vice-regal representative of a Monarch in an independent realm or a major colonial circonscription

Malaysia

In Malaysia, justices of the peace have largely been replaced in magistrates' courts by legally-qualified (first-class) stipendiary magistrates. For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and However, state governments continue to appoint Justices of the Peace as honours. In 2004, some associations of justices of the peace pressed the federal government to allow justices of the peace to sit as second-class magistrates in order to reduce the backlog of cases in the courts.

New Zealand

A justice of the peace in New Zealand is someone of good stature in the community who is authorized to witness and sign statutory declarations and affidavits. A statutory declaration is a legal document defined under the law of certain Commonwealth nations An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the

They also have certain powers to issue search warrants, and (in conjunction with another justice of the peace) may try minor criminal trials in the district court and exercise powers to remand defendants in custody, grant bail, and adjourn court hearings. They are nominated for office by local Members of Parliament.

Sri Lanka

Justice of the Peace (JP) is an honorary post, with authorization to witness and sign statutory declarations and affidavits. A statutory declaration is a legal document defined under the law of certain Commonwealth nations An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the JPs are chosen under the Minister of Justice's discretion. Any citizen of Sri Lanka can apply to the Ministry of Justice giving his or her credentials to be appointed as a Justice of Peace. However, the applicant should be one who has served the public and carries out social service and should be of good standing. Mostly the Minister of Justice appoints JPs as honours.

United Kingdom

England and Wales

A magistrates' court in England and Wales is composed of a bench of (usually three) JPs or magistrates, who dispense summary justice: that is they decide on offences which carry up to twelve months in prison. A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right They are advised on points of law by a legally-qualified clerk. Clerk, the vocational title commonly refers to a White-collar worker who conducts general office or in some instances sales tasks No formal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Membership is widely spread throughout the local area and drawn from all walks of life. All magistrates are carefully trained before sitting and continue to receive training throughout their service. Magistrates are unpaid volunteers but they may receive allowances to cover travelling expenses and subsistence. Lay justices or magistrates sit for a minimum of 26 sessions (half-days) per year, but some sit as much as a day a week.

In addition to the lay justices, there are a small number of district judges (magistrates' court), formerly known as stipendiary magistrates. A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and These are legally-qualified, full-time members of the magistracy and hear cases alone, without any other magistrates on the bench. It is important to distinguish the district judge (magistrates' court) from the district judges who usually sit in the county court.

Magistrates' courts today can deal with minor offences (fines of up to £5,000, and imprisonment of up to 6 months or 12 months for consecutive sentences) and handle over 95% of the criminal cases in England and Wales and Northern Ireland^[3]. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of With more serious offences, magistrates are responsible for indictment and committal to the Crown Court (a task in former times dealt with by a grand jury). In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Magistrates also had some limited civil jurisdiction, such as licensing applications, although these functions were removed from them under the Licensing Act 2003. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority The Licensing Act 2003 ( 2003 c 17) is an Act of Parliament of the United Kingdom which applies only to England and Wales.

Until the Courts Act 2003 came into force, magistrates were tied to a particular area (see magistrates' court committee, commission area, petty sessions area). The Courts Act 2003 is a UK Act of Parliament implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judge Review A petty sessional division was in England and Wales, the area that a Magistrates' Court had jusridiction over This has now been changed such that they are assigned to local justice areas, but less strongly. Local justice areas are units in England and Wales established by the Courts Act 2003, replacing and directly based on the previous Petty sessions areas

The Justices of the Peace Act 1997 provides the current framework for appointment of the justices, which is done by the Lord Chancellor in the name of Her Majesty. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. TalkCommonewalth realm.--> The monarchy Justices can also be removed by the same mechanism. District judges (magistrates' court) must have a 7 years' general qualification, and are appointed by Her Majesty on the advice of the Lord Chancellor.

Scotland

Within the Scottish legal system justices of the peace are lay magistrates who currently sit in the Scottish District Courts. A District Court is the lowest level of court in Scotland. It deals mainly with minor offences and they operate under summary procedure. These courts were introduced in 1975 as replacement for burgh police courts. Justices sit alone or in threes with a qualified legal assessor as convener or clerk of court. They handle many cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982.

In Glasgow, the volume of business requires the employment of three solicitors as "stipendiary magistrates" who sit in place of the lay justices. The stipendiary magistrates' court has the same sentencing power as the summary sheriff court. However, in 2006, the Scottish Government announced its intention to unify the management of the sheriff and district courts in Scotland, but retaining lay justices, as part of its initiative to create a unified judiciary under the Lord President. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The Lord President of the Court of Session is head of the judiciary in Scotland and presiding Judge (and Senator of the College of Justice and Court of Session

United States

In some U.S. states, the Justice of the Peace is a judge of a court of limited jurisdiction, a magistrate, or a quasi-judicial official with certain statutory or common law magisterial powers. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government A judge, or justice, is an Official who presides over a Court of law A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law.

The Justice of the Peace, or solicitor general, typically presides over a court that hears misdemeanor cases, traffic violations, and other petty criminal infractions. A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act The Justice of the Peace may also have authority over cases involving small debts, landlord and tenant disputes, or other small claims court proceedings. Debt is that which is owed usually referencing Assets owed but the term can cover other obligations Landlord is the owner of a House, Apartment, Condominium, or Real estate which is rented or Leased to an individual or business Small claims courts are Courts of limited jurisdiction that hear civil cases between private litigants Proceedings before Justices of the Peace are often faster and less formal than the proceedings in other courts. In some jurisdictions a party convicted or found liable before a Justice of the Peace may have the right to a trial de novo before the judge of a higher court rather than an appeal strictly considered. In Law, the expression trial de novo means a "new trial " by a different tribunal ( de novo is a Latin expression meaning 'afresh' 'anew' In Law, an appeal is a process for requesting a formal change to an official decision

In Arizona, a Justice of the Peace has the same jurisdiction as a municipal magistrate with respect to traffic and misdemeanor cases and restraining orders. A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act Additionally, JP court hears civil law suits up to a limit of $10,000, small claims cases, and issues evictions, called writs of forcible or special detainer. Justices, also called judges of the Justice Court, are elected in partisan elections for four year terms from specific districts called precincts. They have the same authority and responsibility as all other judges in the state with respect performing marriages, administrating oaths, adhering to the code of judicial conduct, and all aspects of justice administration.

The Justice of the Peace is also the judge to whom parties seeking a civil marriage can repair. In the Commonwealth of Massachusetts, Justices of the Peace are often called on to perform marriages, and especially same-sex marriages which certain religious officials are not willing to do. Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos In Connecticut, justices of the peace can preside over same-sex civil unions which became legal in October 2005. A civil union is a legally recognized union similar to Marriage. Unlike Massachusetts, Connecticut JPs are not penalized for refusing to perform such ceremonies.

In Connecticut, Massachusetts and Vermont, Justices of the Peace have the same general oath giving powers as a notary public.

In New Hampshire, Justices of the Peace are commissioned magisterial officers, appointed by the Governor and Executive Council to terms of five years, with the power to administer oaths, acknowledge instruments, perform marriage ceremonies [4] and, effective January 1, 2008, solemnize civil unions for same-sex couples. [5] They may also order compulsory mental examinations for good cause, [6] act as a magisterial official regarding enforcement complaints on orders for isolation or quarantine issued by the Commissioner of Health and Human Services, [7] administer oaths of office to public officials, [8] [9] take depositions [10] and issue subpoenas. [11] [12] New Hampshire Justices of the Peace are also authorized, upon a showing of probable cause supported by affidavit, to issue arrest warrants, [13] [14] search warrants,[15] administrative inspection warrants [16] and by court appointment, to fix and receive bail in criminal cases. [17] [18] [19]

In Arkansas, a Justice of the Peace is an elected official equivalent to a county commissioner or county supervisor. Arkansas JPs sit on a county quorum court, composed of 11, 13 or 15 JPs. The quorum court is a part-time body, elected from single-member districts, that has overall responsibility for county affairs. Among their responsibilities are passing the budget, creating new ordinances (at the misdemeanor level), setting property tax millage levels, and working with other elected officials. The full-time elected county administrator, who presides over the quorum court, is the county judge. Neither JPs nor the county judge has any judicial authority, other than the right to preside over civil marriages. Justices of the Peace are elected every two years to these partisan offices.

Replacement of Justice of the Peace courts by other courts

In many states, the office of Justice of the Peace has been abolished or transferred to another court, such as the magistrate court. A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. In larger cities, cases may be heard in a municipal court which has jurisdiction only within that city. In the United States, a state court has Jurisdiction over disputes with some connection to a U Most efforts to abolish the office of Justice of the Peace have been led by the American Bar Association, which views non-lawyer judges as no longer necessary, as there are now far more persons with formal legal education than in the past when Justices of the Peace were first used. The American Bar Association ( ABA) founded August 21 1878 is a voluntary Bar association of Lawyers and law students which is not specific

California formerly had Justice of the Peace courts staffed by lay judges, but began phasing them out after a landmark 1974 decision in which the Supreme Court of California unanimously held that it was a violation of federal due process (under the Fourteenth Amendment to the U.S. Constitution) to allow a non-lawyer to preside over a criminal trial which could result in incarceration of the defendant. The Supreme Court of California is the State supreme court in California. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first ^[4] The remaining justice courts (as well as municipal courts) were eliminated by the passage of Proposition 220 in June 1998, which merged all lower courts within the state judicial branch into the superior courts (the courts of general jurisdiction). The Superior Courts of California are the Superior courts in the U Under current California law, all California judges must be licensed attorneys.

Notably, the Supreme Court of the United States disagreed with California's analysis of the Fourteenth Amendment in the landmark case of North v. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Russell, 427 U.S. 328 (1976), in which the Court held that Kentucky's use of nonlawyer judges in its police courts was not a violation of the Fourteenth Amendment guarantees of due process and equal protection of the laws.

Notes

^ (1989) Oxford English Dictionary: Magistrate. District courts are a category of Courts which exists in several nations A notary public is an officer who can administer Oaths and Statutory Declarations Witness and authenticate documents A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. The Canadian legal system has its foundation in the British Common law system inherited from being a part of the Commonwealth. A notary public is an officer who can administer Oaths and Statutory Declarations Witness and authenticate documents The Oxford English Dictionary ( OED) published by the Oxford University Press (OUP is a comprehensive Dictionary of the English Oxford University Press.
^ Tim Blanning, "The Pursuit of Glory: Europe 1648-1815", Penguin, 2007
^ [1] Judicial Profiles - Magistrates
^ Gordon v. Justice Court, 12 Cal. 3d 323 (1974).