commission of the peace
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A justice of the peace (JP) is a judicial officer of a lower or ''
puisne Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art obsolete in many jurisdictions and, when current, used main ...
'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
jurisdictions. 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 any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.


History

In 1195,
Richard I Richard I (8 September 1157 – 6 April 1199) was King of England from 1189 until his death in 1199. He also ruled as Duke of Normandy, Aquitaine and Gascony, Lord of Cyprus, and Count of Poitiers, Anjou, Maine, and Nantes, and was ...
("the Lionheart") of England and his Minister Hubert Walter commissioned certain
knight A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
s to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace". Therefore, they 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. The title ''justice of the peace'' derives from 1361, in the reign of Edward III. The "peace" to be guarded is the sovereign's, the maintenance of which is the duty of the
Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
under the
royal prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
. Justices of the peace still use the power conferred or re-conferred on them since 1361 to
bind over In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue b ...
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 The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
" dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of
Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
times. In the centuries from the Tudor period until the onset of the
Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
, the JPs constituted a major element of the English (later British) governmental system, which in modern times has sometimes been termed a squirearchy (i.e., dominance of the land-owning
gentry Gentry (from Old French ''genterie'', from ''gentil'', "high-born, noble") are "well-born, genteel and well-bred people" of high social class, especially in the past. Word similar to gentle imple and decentfamilies ''Gentry'', in its widest c ...
). For example, historian
Tim Blanning Timothy Charles William Blanning (born 21 April 1942) is an English historian who served as Professor of Modern European History at the University of Cambridge from 1992 to 2009. Career Timothy Charles William Blanning attended the King's Sch ...
notes that while in Britain the royal prerogative was decisively curbed by the
Bill of Rights 1689 The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
, 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 Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constitut ...
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. Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justice's standing within the community, the justice was typically a member of the
gentry Gentry (from Old French ''genterie'', from ''gentil'', "high-born, noble") are "well-born, genteel and well-bred people" of high social class, especially in the past. Word similar to gentle imple and decentfamilies ''Gentry'', in its widest c ...
. The justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. 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. The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. This was replaced by the present system, where the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
nominates candidates with local advice, for appointment by the
Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
. Until the introduction of elected
county council A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries. Ireland The county councils created under British rule in 1899 continue to exist in Irel ...
s in the 19th century, JPs, in
quarter sessions The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
, also administered the county at a local level. Their many roles included regulating wages and food supplies, managing roads, bridges, prisons and workhouses and undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county. To this end they set the County Rate, where one was set at all. Women were not allowed to become JPs in the United Kingdom until 1919, the first woman being
Ada Summers Ada Jane Summers (née Broome; 1861–1944) was the first British woman to sit as a magistrate, and one of the first women in England to become a Justice of the Peace. She was also the first female councillor, mayor and freeman of Stalybridge ...
, the Mayor of Stalybridge, who was a JP by virtue of her office. In October 1920 Summers was appointed a JP in her own right, alongside other pioneers including
Edith Sutton Edith Mary Sutton (1862–1957) was the first woman to become a councillor in England, the first female Mayor in Reading, and a suffragist. Biography Sutton was a member of the wealthy Sutton Seeds family of Reading. In 1901, she was elec ...
and Miriam Lightowler OBE in Halifax.
Emily Murphy Emily Murphy (born Emily Gowan Ferguson; 14 March 186827 October 1933) was a Canadian women's rights activist and author. In 1916, she became the first female magistrate in Canada and in the British Empire. She is best known for her contributio ...
of Edmonton, Canada, preceded her by some three and a half years. As at 2018 in England and Wales, about one-third 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 Concessions Land The Tati Concession was a land and mining concession created in the western borderlands of the Matabele Kingdom. The concession was originally granted by the Matabele King, Lobengula, son of Mzilikazi, to Sir John Swinburne in exchange for gol ...
, a gold-mining
concession (territory) An international zone is any area not fully subject to the border control policies of the state in which it is located. There are several types of international zones ranging from special economic zones and sterile zones at ports of entry exe ...
in the Matabele kingdom, until its annexation by the British Bechuanaland protectorate.


Modern use


Australia

A justice of the peace in Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations and
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a stateme ...
s and to certify copies of original document

In contrast to other national jurisdictions, there are no Federal level JPs in Australia, as this power is devolved to the State and Territory Governments. Where a Federal Government document or task requires the services of a JP, the rules of each individual State or Territory government will dictate if they have the authority to assist. Criteria for appointment vary widely, depending on the state.


Australian Capital Territory

In the
Australian Capital Territory The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. I ...
(Colloquially, "The ACT"), there is only the single level of 'Justice of the Peace'. They are appointed on an as-needed basis, and a potential appointee must be an Australian Citizen, and both a resident of, and enrolled on the electoral roll, of the territory. They must also not be an undischarged bankrupt, and consent to criminal history checks being undertaken prior to appointment. Appointment is for life, unless a JP resigns, is suspended/dismissed from office, or resides outside of the ACT for a period of more than 12 consecutive months. JPs for the ACT also cover the Australian External Territory of Norfolk Island, and the Internal
Jervis Bay Territory The Jervis Bay Territory (; JBT) is an internal territory of Australia. It was established in 1915 from part of New South Wales (NSW), in order to give the landlocked Australian Capital Territory (ACT) access to the sea. It was administered ...
, subject to local law variations in those two jurisdictions.


Queensland

In the state of
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...
, a "justice of the peace (qualified)" has the additional powers to issue search warrants and arrest warrants and, in conjunction with another justice of the peace (qualified) constitute a
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...
for exercising powers to remand defendants in custody, grant bail, and adjourn court hearings. 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 The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
. In Queensland, a lawyer may be appointed as a Justice of the Peace without further education or qualification and has the full powers of a JP (Magistrate's Court). A commissioner for declarations (C.dec) has powers limited to witnessing documents, witnessing statutory declarations, witnessing affidavits, witnessing and administering oaths and affirmations. The first woman to become a JP in Queensland was Matilda (Maud) Hennessey of
Mackay Mackay may refer to: *Clan Mackay, the Scottish clan from which the surname "MacKay" derives Mackay may also refer to: Places Australia * Mackay Region, a local government area ** Mackay, Queensland, a city in the above region *** Mackay Airpor ...
on 24 April 1918.


Victoria

Justices of the peace and bail justices, who are also volunteers, are appointed to serve a semi-judicial function in all areas of the Victorian community. The main official roles in the Victorian community include witnessing statutory declarations, witnessing affidavits and hearing bail matters outside court hours (bail justices only). The first woman to become a JP in Victoria was Mary Catherine Rogers who, in 1920, became the first woman councillor in Australia when she was elected in the
City of Richmond The City of Richmond was a local government area about east of Melbourne, the state capital of Victoria, Australia. The city covered an area of , and existed from 1855 until 1994. History Richmond was incorporated as a municipality on 24 A ...
. Justices of the peace (JPs) provide a service to the community as independent witnesses of statutory declarations, powers of attorney and affidavits. JPs, who are also volunteers, are selected through an extensive interview, written exam and practical testing. They are recommended by the state attorney-general and appointed by the governor-in-council, and it is their job to authorise and witness statutory declarations and affidavits within the state of Victoria. There are currently around 4,800 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 th
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 the Department of Justice. Bail justices, who are also volunteers, also have some limited powers under federal legislation, including the power to conduct interstate extradition hearings and extending question time for federal police. Bail Justices may use the
post-nominal Post-nominal letters, also called post-nominal initials, post-nominal titles, designatory letters or simply post-nominals, are letters placed after a person's name to indicate that the individual holds a position, academic degree, accreditation, ...
s BJ after their names.


New South Wales

The most common functions performed by a justice of the peace in New South Wales are to witness the signing of a statutory declaration, witness the signing of an affidavit and certify that a copy of an original document is a true copy. JPs are appointed by the Governor of New South Wales for five-year terms. They are volunteers, who come from all walks of life and all sections of the community. JPs are people who are trusted to be honest, careful and impartial when performing the functions of a JP. They must not charge a fee or accept a gift for providing JP services, tell people what to write in a statutory declaration or affidavit or write it for them or give them legal advice. Ways to find a JP in New South Wales include: 1. Search the JP Public Register. The register lists all JPs for each postcode area and provides a telephone contact number for JPs who serve the community directly. 2. Check a public listing of scheduled JP services to find when JPs are available at scheduled times and locations across the state. In the early years of the Colony of New South Wales, justices of the peace had far greater responsibilities and broader roles in the administration of justice than now.


South Australia

In South Australia, there are two types of justices: justice 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,
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a stateme ...
s, waiver rights,
search warrants A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
, drug warrants, divorce documents, and to certify copies of original documents and to witness the signing of
power of attorney A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...
and guardianship documents, providing the JP is satisfied with the capability of the signatory. A Special Justice (SJ) is a higher level of justice of the peace in South Australia; they sit on the bench of the
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...
hearing cases in the petty sessions division. The South Australian Attorney-General has set up a web site to locate justices of the peace. The majority of metropolitan and many regional Councils (Local Government authorities) have a rotational justice of the peace in residence at nominated times. South Australia's first women justices were appointed in July 1915.


Western Australia

Justices of the peace in Western Australia are appointed by the Governor who authorises them to carry out a wide range of official administrative and judicial duties in the community. As well as presiding in the Magistrates Court, justices of the peace are regularly called upon by the WA Police to sign search warrants and authorise the issuing of summonses. The administrative tasks include witnessing affidavits and documents such as wills and statutory declarations. "Visiting justices" are a special group of justices of the peace, appointed to preside over cases within the prison system. JPs for Western Australia also cover the Australian External Territories of
Cocos (Keeling) Islands ) , anthem = "''Advance Australia Fair''" , song_type = , song = , image_map = Australia on the globe (Cocos (Keeling) Islands special) (Southeast Asia centered).svg , map_alt = Location of the Cocos (Keeling) Islands , map_caption = ...
and
Christmas Island Christmas Island, officially the Territory of Christmas Island, is an Australian external territory comprising the island of the same name. It is located in the Indian Ocean, around south of Java and Sumatra and around north-west of the ...
.


Belgium

In
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, the justices of the peace ( nl, vredegerecht, french: justice de paix, german: Friedensgericht) function as the
small claims court Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may ...
s in the country's judicial system; they stand at the bottom of the Belgian judicial hierarchy and only handle civil cases. There is a justice of the peace in each judicial canton of Belgium, of which there are 187 in total as of 2017. The justices of the peace have
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...
over cases in which the disputed amount does not exceed 5,000 euro (as of September 2018), except for the matters over which another court or tribunal has
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...
. In addition, the justices of the peace have original jurisdiction over a number of matters irrespective of the disputed amount, such as cases involving the
renting Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for a ...
or leasing of
real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...
,
eviction Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgag ...
s,
easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
,
land consolidation Land consolidation is a planned readjustment and rearrangement of fragmented land parcels and their ownership. It is usually applied to form larger and more rational land holdings. Land consolidation can be used to improve rural infrastructure and ...
,
consumer credit Credit (from Latin verb ''credit'', meaning "one believes") is the trust which allows one party to provide money or resources to another party wherein the second party does not reimburse the first party immediately (thereby generating a debt ...
or unpaid utility bills. The justices of the peace also have original jurisdiction in certain aspects of
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
, most notably legal guardianships for incapacitated seniors, and the involuntary commitment of the mentally ill to psychiatric facilities. The judgments made by the justices of the peace can, with some exceptions, be appealed to the tribunals of first instance.


Canada

In Canada, justices of the peace play a role in the administration of justice at the provincial level. Justices are generally appointed by the lieutenant governors of Canada's provinces, and by the commissioners of Canada's territories, on the
advice Advice (noun) or advise (verb) may refer to: * Advice (opinion), an opinion or recommendation offered as a guide to action, conduct * Advice (constitutional law) a frequently binding instruction issued to a constitutional office-holder * Advice (p ...
of their relevant premier or Attorney General. Canada made the second (first was in South Australia a year earlier) appointment in the then British Empire of a woman as a magistrate, namely
Emily Murphy Emily Murphy (born Emily Gowan Ferguson; 14 March 186827 October 1933) was a Canadian women's rights activist and author. In 1916, she became the first female magistrate in Canada and in the British Empire. She is best known for her contributio ...
, who was sworn in as a police magistrate in the Women's Court of the City of Edmonton (Alberta) on 19 June 1916.


British Columbia

In
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
, pursuant to the ''Provincial Court Act'', all judges are justices of the peace, and hence all of them are
peace officer A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, prose ...
s.


Northwest Territories

In the Northwest Territories, justices may hear summary conviction matters, municipal by-laws, and certain criminal matters. 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.


Ontario

In
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...
, justices of the peace can preside over judicial interim release (bail) hearings and other criminal hearings. JPs can also exercise jurisdiction over provincial regulatory offences and municipal by-law prosecutions. JPs must retire by reaching the age of 65, but may continue working until 75 subject to the approval of the Chief Justice of the
Ontario Court of Justice The Ontario Court of Justice is the provincial court of record for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law, criminal law, and provincial offence ...
.


Quebec

In Quebec, there are two type of justices of the peace, administrative justice of the peace and presiding justice of the peace. Administrative justice of the peace are court officers appointed by the
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, and perform duties such as receiving criminal informations and issuing warrants. Presiding justice of the peace are appointed by commission under the Great Seal, and can try some criminal matters and issue warrants. They are appointed from advocates of at least ten years' standing and serve full-time until the age of 70.


Yukon

In Yukon, justices of the peace are lay officers of the court. They sit in the Justice of the Peace Court, which is part of the Territorial Court of Yukon.


Hong Kong

In Hong Kong, the historical functions of justices of the peace have been replaced by full-time, legally qualified
magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
. 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, administering statutory declarations, and serving as members of advisory panels. They also monitor the drawing of the
Mark Six Mark Six () is a lottery game organised by the Hong Kong Jockey Club. History The first iteration of Mark Six, known as in Chinese (), was launched on 5 September 1975, in an effort to battle the then-popular tse fa () illegal lottery draws. ...
to ensure fairness.


India

In India, justices of the peace exist, but no longer occupy a prominent post. One of the famous justices in India was Kavasji Jamshedji Petigara. Maharaja Prabirendra Mohan Tagore, who was the son of Maharaja Sir Prodyut Kumar Tagore KCSI of Calcutta, was designated a Justice of the Peace in 1932. He played a great part in saving more than 200 Muslim lives during the infamous riots that occurred during the 1947 partition of India, by sheltering Muslims around Calcutta, and within his palace.


Ireland

Justices of the peace existed in Ireland prior to 1922, sitting in a bench under the supervision of resident magistrates at
petty sessions Courts of petty session, established from around the 1730s, were local courts consisting of magistrates, held for each petty sessional division (usually based on the county divisions known as hundreds) in England, Wales, and Ireland. The session ...
to try minor offences summarily, and with a county court judge (in his capacity of chairman of quarter sessions) and jury to try more serious offences at
quarter sessions The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
. In the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...
the position was effectively abolished by the District Justices (Temporary Provisions) Act 1923 and permanently abolished by the
Courts of Justice Act 1924 The Courts of Justice Act 1924 ( ga, Acht Cúirteanna Breithiúnais, 1924) was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now Ireland or the Republic of Ireland). Among the new c ...
. Their judicial powers were replaced by full-time, salaried, legally qualified district justices (now called district judges) and their quasi-judicial powers by unpaid lay peace commissioners. Peace commissioners may sign statutory declarations, and may issue summons and search warrants to the Garda Síochána (Irish police). A peace commissioner can witness the signature of an affidavit. In addition Peace Commissioners can sign custody agreements between legal guardians in relation to visitation etc . These agreements are legally binding and can be altered only by a Judge in the regular courts .Peace Commissioners are appointed on the basis of good character and usually prominent standing in their local communities.


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
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
n citizen that can speak and write English is eligible to become a JP. Any club/organisation/citizen can recommend someone to become JP for a community. JPs are chosen under the Governor-General's discretion.


Malaysia

In
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
, justices of the peace (''jaksa pendamai'' in Malay, also abbreviated ''JP'') have largely been replaced in magistrates' courts by legally qualified (first-class) stipendiary magistrates. 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

The legal framework for the office of Justice of the Peace within
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
is derived from the Act of Parliament 'Justices of the Peace Act 1957', and subsequent amendments. There are two levels of this position within New Zealand: The standard level of 'Justice of the Peace', and a separate 'Judicial Justice of the Peace'. Persons so appointed may use the post-nominals JP and JJP respectively. A JP who is retired may apply to the
Secretary for Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
for permission to use the post-nominals 'JP (retired)'. Appointment as a JP is for life, until unless a voluntary resignation is tendered in writing, or a JP is suspended or dismissed from office due to misconduct, bankruptcy, or other specific reasons.


Justice of the Peace

A JP in New Zealand is someone of good stature in the community who is authorised to witness and sign a number of documents, including statutory declarations,
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a stateme ...
s, and producing certified copies of documents, amongst others. In some limited circumstances they may also perform citizenship ceremonies, and act as a 'Visiting Justice' in prisons. They are nominated for office by local Members of Parliament and appointed by the Governor-General. They must take both the Oath of Allegiance and the Judicial Oath.


Judicial Justice

If a local JP Federation determines that a need for one or more JJPs exists, they will issue a call for nominations to JPs in their territory. Following closure of nominations, a shortlist will be drawn up, and interviews undertaken. If a prospective applicant passes the interview stage, and the relevant training, exams, and assignments are successfully completed, they can be sworn in as a JJP. This means they can then be assigned to the bench in the relevant District Court to oversee minor criminal cases. These would involve tasks such as the exercise of powers to remand defendants in custody, grant bail, and adjourn court hearings. Appointment as a JJP is at the pleasure of the Secretary for Justice, generally for a minimum of 5 years, and for as long as there is a need in the area an individual resides. Should an individual move abroad, to an area of New Zealand where the service is no longer required, or the local area no longer requires it, the JJP appointment will be terminated.


Issuing Officer

Prior to 2012 all JPs were able to issue search and arrest warrants, but with the passage of the NZ Act of Parliament " Search and Surveillance Act 2012", this power was spun off to the separate position of Issuing Officer. Under the law, an Issuing Officer does not have to be a Justice of the Peace - Holders of some positions within the judicial system (e.g. Registrar or Deputy Registrar of a court) are Issuing Officers automatically under the law while serving in those roles, and cease to be so when they are not. For a JP or JJP to exercise this power after 2012, they must apply to become an Issuing Officer separately. The application process involves a further training course and exam, followed by a vetting and approval process by the
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
. Appointment as an Issuing Officer is for a maximum of 3 years, and may be renewed for a further 3 years at expiry as needed.


Pakistan

Sections 22, 22-A and 22-B of the Code of Criminal Procedure Code, 1898 provide for the appointment of justices of the peace by the provincial governments, their powers and duties respectively. However, seldom are justices of the peace appointed in Pakistan outside the judiciary. Session and additional session judges act as ex-officio justices of the peace as per Section 25 of the Code of Criminal Procedure, 1898. An Ex-officio Justice of the Peace may issue appropriate directions to the police authorities concerned on a complaint regarding- (i) non-registration of a criminal case; (ii) transfer of investigation from one police officer to another; and (iii) neglect, failure or excess committed by a police authority in relation to its functions and duties. Such functions being quasi-judicial in nature could not be termed as executive, administrative or ministerial.(PLD 2016 Supreme Court 581) It is pertinent to note however, as many academics have pointed out, that there is great utility in the appointment of such justices especially in rural areas where enmity between rival groups can lead to the inability of registration of cognizable offences and biased judicial proceedings.


Singapore

Justices of the peace in
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
derives their vested powers from statute law. They are appointed by the President of the Republic of Singapore, under the provisions of section 11(l) of the State Courts Act (Cap.321). The President may revoke the appointment of any justice of the peace. Newly appointed justices of the peace are required by section 17 of the State Courts Act, to take the oath of office and allegiance as set out in the schedule to the State Courts Act, before exercising the functions of their good office. In their main role, JPs serve as visiting justices of Singapore prisons, mediators or neutral referees in the state courts. In addition, they regularly solemnise marriages in the
Registry of Marriages The Registry of Marriages (ROM) is a government agency in Singapore that administers all marriages carried out in the country and solemnises civil marriages. Overview Marriage records in Singapore date back to the year 1875. On 15 September 1961, C ...
or perform the duties of the magistrate conferred on them by any written law.


Sri Lanka

In Sri Lanka, Justice of the Peace (JP) is an honorary post, with authorisation to witness and sign statutory declarations and
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a stateme ...
s as well as certify documents. Persons appointed as a Justice of the Peace may use the post-nominal JP. Current appointments are made under the ''Judicature Act No 02 of 1978'', by the
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
at his/her discretion by publishing a list in '' The Gazette'' and appointee taking oaths before a high court, district court judge or
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
with
registrar A registrar is an official keeper of records made in a register. The term may refer to: Education * Registrar (education), an official in an academic institution who handles student records * Registrar of the University of Oxford, one of the se ...
of the supreme court recording it. There are four types of appointments of Justice of the Peace; *
Justice of the Peace and Unofficial magistrate In Sri Lanka, a Justice of the Peace and Unofficial magistrate (also known as Acting magistrate) is a judicial appointment made by the Minister of Justice to a particular jurisdiction under the ''Judicature Act No 02 of 1978''. An Unofficial magistr ...
* Justice of the Peace for the Whole Island * Justice of the Peace for a Judicial District * Justice of the Peace (ex officio) Senior Attorney at laws are appointed as
Justice of the Peace and Unofficial magistrate In Sri Lanka, a Justice of the Peace and Unofficial magistrate (also known as Acting magistrate) is a judicial appointment made by the Minister of Justice to a particular jurisdiction under the ''Judicature Act No 02 of 1978''. An Unofficial magistr ...
s to preside in the absence of a sitting
Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
. Any citizen of Sri Lanka can apply to the Ministry of Justice giving his or her credentials to be appointed as a justice of the peace. However, the applicant should be one who has served the public and carries out social service and should be of good standing. These JPs would be appointed with legal authority in all parts of the island or limited to a judicial district. The President of Sri Lanka and his/her officers are '' ex officio'' justices of the peace. There about 100,000 JPs in the island. The post was introduced in the island during the British colonial era by the Governor Frederick North in 1801 and was later reformed in 1871. Until 1938, appointments were made by the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
, after which appointments were made by the Legal Secretary until 1947. After Ceylon gained its independence in 1948, appointments were made by the
Governor General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...
and the
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. Justice of the Peace had the power to administer oaths and affirmations per the ''Courts Ordinance No. 1 on 1889 section 84'' and they could formally appoint members of the public to act as
special police officers Security police officers are employed by or for a governmental agency or corporations to provide security service security services to those properties. Security police protect facilities, properties, personnel, users, visitors and enforce cer ...
in times of turmoil and riots. Since certain government officers were ex-officio justices of the peace, this allowed British colonial officers to appoint special police officers from the European planters in times of crisis such as the
1915 riots Events Below, the events of World War I have the "WWI" prefix. January *January – British physicist Sir Joseph Larmor publishes his observations on "The Influence of Local Atmospheric Cooling on Astronomical Refraction". *January 1 * ...
. The Village Councils Law (No. 6 of 1964) made the Chairman of the Village Council an ''ex officio'' justices of the peace for that village area.


Tonga

In 2014, for the first time, Justices of the Peace were authorised in
Tonga Tonga (, ; ), officially the Kingdom of Tonga ( to, Puleʻanga Fakatuʻi ʻo Tonga), is a Polynesian country and archipelago. The country has 171 islands – of which 45 are inhabited. Its total surface area is about , scattered over in ...
. JPs are appointed by the Crown, but the Lord Chief Justice regulates their duties and defines their powers. The first JPs were warranted with duties including granting bail; issuing search warrants and subpoenas; taking affidavits, declarations and oaths; and having the power to witness documents. Term of office is one year and officials can be reappointed. The initial 19 JPs appointed were: ‘Aisea Ta’ofi and Sione Hinakau of
Niuatoputapu Niuatoputapu is a high island in the island nation of Tonga, Pacific Ocean. Its highest point is , and its area is . Its name means ''sacred island''. Older European names for the island are Traitors Island or Keppel Island. Niuatoputapu is ...
; ‘Inoke Tuaimei’api of Niuafo'ou; Siosiua Hausia from ʻEua; Sione Palu, Sione Fakahua, Me’ite Fukofuka and Kisione Taulani of Ha’apai; Salesi Kauvaka, Viliami Pasikala, Haniteli Fa’anunu, Meli Taufaeteau and Moleni Taufa from Vava’u; and Salote Fukofuka, ‘Amelia Helu, ‘Ofa Likiliki, Tevita Fakatou, Sioape Tu’iono and Semisi Tongia of
Tongatapu Tongatapu is the main island of Tonga and the site of its capital, Nukualofa. It is located in Tonga's southern island group, to which it gives its name, and is the country's most populous island, with 74,611 residents (2016), 70.5% of the nation ...
.


United Kingdom


England and Wales

A
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
is typically composed of a bench of (usually three) Justices of the Peace (otherwise known as
magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
) who dispense summary justice. They decide on offences which carry a community sentence, a prison sentence (maximum of 6 months for any one offence, up to 1 year for multiple offences), or an unlimited fine. They are advised on points of law and procedure by a legally qualified
justices' clerk A justices' clerk or clerk to the justices is an official of the Magistrates' court (England and Wales), magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace (also known as magistrates). ...
and their assistants. In practice, JPs have a wide range of sentencing options, which include issuing fines, imposing community orders, or dealing with offences by means of a discharge. In more serious cases, where magistrates' consider that their sentencing powers are insufficient, they can send ' either-way' offenders to the Crown Court for sentencing. Justices of the Peace are trained volunteers. 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 following a rigorous selection process undertaken by a local advisory committee, who recommends to the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
those individuals who have demonstrated the six key qualities for appointment which are: (1) good character, (2) commitment and reliability, (3) social awareness, (4) sound judgement, (5) understanding and communication, and (6) maturity and sound temperament. Justices of the Peace are trained volunteers, but those who are employed in some occupations ( Police Officers) cannot be appointed due to potential conflict of interest. All new Justices of the Peace (JPs) undergo comprehensive training before sitting. There is a mentoring program to help guide new appointees (mentors are magistrates with at least three years' service). The training is delivered by the
Judicial College The Judicial College, formerly the Judicial Studies Board (JSB), established in 1979, is the organisation responsible for training judges in county, the Crown, and higher courts in England and Wales and tribunals judges in England & Wales, Scotla ...
and covers the necessary law and procedure required for their role. They continue to receive training throughout their judicial career, and are appraised every 4 years (every 2 years for a Presiding Justice) to check that they continue to remain competent in their role. Additional training is given to justices choosing to sit in the Youth Court, or those dealing with family matters. New JPs sit with mentors on at least six occasions during their first eighteen months. Justices of the Peace are unpaid appointees, but they may receive allowances to cover travelling expenses, subsistence, and loss of earnings for those not paid by their employer while sitting as a magistrate, up to £116.78 a day. Such person may sit at any magistrates' court in England and Wales, but in practice they are appointed to their local bench (a colloquial and legal term for the local court). Justices of the Peace often sit as a panel of three; two as a minimum in most cases, save for cases under the Single Justice Procedure. Many are members of the Magistrates' Association, which provides advice, training and represents magistrates. Justices of the Peace must sit for a minimum of 26 sessions (half-days) per year. An employer must, by law, allow a Justice of the Peace reasonable time off work to serve as such. The lead magistrate is known as a Presiding Justice (PJ) and should be addressed in court as "sir" or "ma'am" or "your worship", and the magistrates collectively as "your worships". In writing they are their usual name followed by "JP" (for Justice of the Peace). Other magistrates on the bench are known as "wingers". All three magistrates contribute equally to the decision-making and carry equal authority, but the Presiding Justice will speak on their behalf in open court. Magistrates' courts today can deal with lesser offences such as all summary offences, and some more serious triable ' either-way' matters, but where the magistrates' deem that their sentencing powers are sufficient. However all criminal cases start in the magistrates' court. They handle over 95% of the criminal cases in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
and
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
. 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). Magistrates also have a civil
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
, such as a family jurisdiction, or appeals against matters relating to licensing. Although they had a licensing jurisdiction dealing liquor, betting and clubs licensing applications, this was transferred under the
Licensing Act 2003 The Licensing Act 2003 (c 17) is an act passed by the Parliament of the United Kingdom. The act establishes a single integrated scheme for licensing premises in England and Wales used to sell or supply of alcohol, provide regulated entertainment ...
to local authorities. The magistrates now act in licensing matters only as an appeal court from the decisions of the local authority. Justices of the Peace are responsible for granting orders such as search warrants to the Police and other authorities. They used to have to live within 15 miles of where they sit in case needed to sign a warrant after hours. were replaced with ''Local Justice Areas'' by the
Courts Act 2003 The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review" ...
, meaning this is not formally required. Section 7 of the Courts Act 2003 states that "There shall be a commission of the peace for England and Wales—…b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales". Thus, every magistrate in England and Wales may act as a magistrate anywhere there. Cardiff Magistrates' Court is the only court in the country which deals with offences under the
Companies Act 2006 The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largely ...
, such as for late filing of accounts or directors' offences. Westminster Magistrates' Court has special responsibilities for dealing with terrorism and extradition offences throughout the UK. The
Courts Act 2003 The Courts Act 2003 (c.39) is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's (a Court of Appeal judgeReview of the Criminal Courtsin England and Wales (also known as the "Auld Review" ...
provides the current framework for appointment of the justices, which is done by the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
in the name of sovereign. Justices can also be removed by the same mechanism. Before 1714, magistrates were liable to be approached at any time and in any place by people legally recognised as
pauper Pauperism (Lat. ''pauper'', poor) is poverty or generally the state of being poor, or particularly the condition of being a "pauper", i.e. receiving relief administered under the English Poor Laws. From this, pauperism can also be more generally ...
s, appealing for aid if parish authorities refused to provide any. It was relatively common for these magistrates to write out, on the spot, an order requiring aid to be granted. The magistracy is an ancient institution, dating in England from at least 1327. The role is underpinned by the principles of 'local justice' and 'justice by one's peers.' As at 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic, and 82% aged above 50 as at 1 April 2021. Kashif M Khan JP was appointed the youngest Magistrate from BME communities in the UK in 1998. He served the Waltham Forest Magistrates court until 2010.


Scotland

Within the Scottish legal system Justices of the Peace are trained volunteers who currently sit in the
Justice of the Peace court A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences. History The commission of the peace was originall ...
s. These courts were introduced in 2009 as a replacement for the district courts (established in 1975), which in turn replaced 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 breaches of the peace – drunkenness, minor assaults, petty theft, and offences under the
Civic Government (Scotland) Act 1982 The Civic Government (Scotland) Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters. Effects of the Act Parts I and II of the Act deal with licensing by local authorities of a r ...
. The maximum sentencing power of a justice of the peace is 60 days imprisonment, or a fine up to £2,500, or both, and the ability to disqualify drivers. In 2006, the Scottish Government announced its intention to unify the management of the sheriff and district courts in Scotland but retain lay justices, as part of its initiative to create a unified judiciary under the Lord President. Following the passage of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 the justice of the peace courts were implemented on a sheriffdom-by-sheriffdom basis."The Scottish Ministers may by order establish courts of summary criminal jurisdiction to be known as justice of the peace courts." In Glasgow, the volume of business required the employment of three solicitors as "stipendiary magistrates" who sat in place of the lay justices. The stipendiary magistrates' court had the same sentencing power as the summary sheriff court in summary proceedings, which was the ability to sentence an offender to up to one year in
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, corre ...
or fine them up to . Stipendiary magistrates were replaced by summary sheriffs.


Northern Ireland

In Northern Ireland, the situation initially continued as it had in pre-1922 Ireland. However, justices of the peace no longer sat out of petty sessions after 1935 (Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935). Since then, magistrates' courts in Northern Ireland have consisted of legally qualified resident magistrates (now known as district judges (magistrates' courts)) sitting alone, except in cases involving children, where two lay panelists sat with the magistrate. Justices of the peace were confined to the power to conduct committal hearings, bind persons over to the peace, sign warrants, summons, and other official documents. They were appointed by the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
on the recommendation of a committee in each county court division. The Justice (Northern Ireland) Act 2002 introduced a new office of lay magistrate, to sit alongside resident magistrates at magistrates' courts in certain matters. Unlike in England and Wales, "lay magistrate" is the official title of the position, to distinguish from existing justices of the peace who do not sit in the magistrates' courts. The first lay magistrates were appointed in 2005. Two lay magistrates sit with the district judge (magistrates' court) in criminal proceedings involving children (replacing the former lay panelists) and Family Proceedings Court matters. The district judge (magistrates' court), who is a barrister or solicitor of at least seven years standing, presides over the bench. Most criminal justice functions of JPs were transferred to lay magistrates. It is expected that there will be no further appointments of justices of the peace in Northern Ireland, although those already appointed retain the title and any functions not transferred to lay magistrate under the 2002 Act.


United States

In some US states, the justice of the peace is a judge of a
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
of limited
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
, a
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
, or a quasi-judicial official with certain statutory or common law magisterial powers. Some states have special qualifications or unique features for the office. The justice of the peace typically presides over a court that hears misdemeanor cases, traffic violations, and other petty criminal infractions. The justice of the peace may also have authority over cases involving small
debt Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The ...
s,
landlord A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, t ...
and tenant disputes, or other
small claims court Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may ...
proceedings. 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 In law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered b ...
before the judge of a higher court rather than an appeal strictly considered. A justice of the peace also performs
civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a pop ...
s.


Arizona

A justice of the peace has the same jurisdiction as a municipal magistrate with respect to traffic and misdemeanor cases and restraining orders, though over cases whose affairs are not contained within the confines of a single municipality. Additionally, the Justice Court hears cases involving county ordinances (ordinances enacted by the board of supervisors that apply only to unincorporated areas), civil lawsuits up to a limit of $10,000, small claims cases up to $2,500 (up to $3,500 in Maricopa County), and issues evictions, called writs of restitution (after a forcible detainer or special detainer action (eviction) being successfully completed by a landlord). Justices of the peace, also called JPs, or 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 to performing marriages, administrating oaths, adhering to the code of judicial conduct, and all aspects of justice administration. However, Arizona law does not require justices of the peace to be lawyers. Many justices of the peace are not legally trained, although all are required by the Arizona Supreme Court to complete a course at the Arizona Judicial College. As with JPs, municipal judges in Arizona are not required to be lawyers.


Arkansas

In
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
, a justice of the peace is an elected official equivalent to a
county commissioner A county commission (or a board of county commissioners) is a group of elected officials (county commissioners) collectively charged with administering the county government in some states of the United States; such commissions usually comprise ...
or county supervisor in some other states. Arkansas JPs sit on a county quorum court, composed of 9, 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 have any judicial authority, though they do have the power to preside over civil marriages. Justices of the peace are elected every two years to these partisan offices.


Connecticut

Justices of the peace in Connecticut can preside over
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
s. Unlike some states, Connecticut JPs are not penalized for refusing to perform such ceremonies. They have the same general oath-giving powers as a notary public.


Florida

Florida had justices of the peace (with corresponding constables) from the time of its acquisition from Spain in 1821 until the Florida Constitution was amended in 1968 to abolish the post. From about 1940 to 1968, Florida counties had the ability to hold local referendums to allow county voters to abolish the post on a county-by-county basis. For example, Leon County, the location of Tallahassee, Florida's capital city, voted to abolish justices of the peace (and their associated constables) in the Fall elections of 1958. By 1958, the county commission had reduced the number of JOP districts from a turn-of-the-century peak of 13 districts to just two districts. The automobile age made the county sheriff able to patrol the entire county and made it possible for the citizenry to travel to the courthouse for legal proceedings.


Louisiana

Justices of the peace in Louisiana are elected to serve six-year terms as the judicial authority of a ward or district, but not where city courts exist. The have jurisdiction in civil matters when the amount in dispute does not exceed $5,000. They do not have jurisdiction when a title to real estate is involved, when the state or any political subdivision is a defendant, or in successions or probate matters. They are authorized to perform marriage ceremonies. There are around 390 such Justices of the peace.


Maine

In
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and ...
, the office of the Justice of the Peace was merged with Notary Public, a process that took place from 1981 to 1988. The duties that were attached to the office of Justice of the Peace were fully transferred to the Notary Public in 1988. The office currently named as "Justice of the Peace" in Maine is a court officer, an attorney, involved in the process of issuing warrants and responding to complaints. The office however is not related to either the current Notary Public office or the previous Justice of the Peace office and is part of the Maine Bureau of Corporations, Elections & Commissions.


Massachusetts

Justices of the peace in the Commonwealth of Massachusetts are commissioned by the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
with the advice and consent of the Council for seven-year terms. They are often called on to solemnize non-religious marriages, especially
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s, which certain religious officials are not willing to oversee. They have the same general oath-giving powers as a notary public, and are also empowered to issue certain writs.


Minnesota

In Minnesota, the office of the Justice of the Peace was abolished in 1977 (Minn. Stat. 487.35). It has not existed for 40-plus years although some people who offer private wedding officiant services erroneously claim to be Justices of the Peace, this term may not properly be used inasmuch as the office has been abolished. Under Minnesota law, however, judges, retired judges, court administrators, retired court administrators, and other public officials designated in statute may officiate or solemnize marriage ceremonies in addition to licensed or ordained ministers of any religious denomination who have filed their credentials with a county registrar (Minn, Stat. 517.04).


New York

Justice courts are courts in
New York State New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
that handle traffic tickets, criminal and environmental conservation law matters,
small claims Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may ...
and local code violations such as
zoning Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...
. Though justice courts constitutionally are part of the New York State Unified Court System, state law generally makes justice courts independent of New York's Office of Court Administration (OCA) and instead makes justice Ccourts the responsibility of their sponsoring localities. Town justice courts are often called town court, and village justice courts are often called village court. City courts in New York State handle mostly the same types of cases but are not justice courts. The official title for judges in justice courts is justice, the same as in New York Supreme Court. However, in common usage, most people, including lawyers, call them judge. In general, justices in justice court do not have to be lawyers, except for justice courts with jurisdiction in villages. The vast majority are not. Many of these courts are in small towns and villages where none of the residents are lawyers. In the larger towns, the justices are almost always lawyers. While justices and their court clerks receive training from OCA, there is tremendous variability in how cases are handled. This includes court procedures and substantive results. Some courts will dismiss a traffic ticket if the officer does not appear for a trial, while others will adjourn the matter to give the officer another chance. In some courts the police prosecute their own tickets, while in others an
assistant district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a lo ...
from the county or a town or village attorney will prosecute the tickets. This may even vary by the type of officer, with state troopers and deputies prosecuting their tickets and a town attorney prosecuting tickets written by the town police. Larger towns can have very busy caseloads, including several sessions a week with dozens of cases at each session, and people may have to wait hours before their cases are heard. In some small towns the caseload is extremely light, and a court might meet once a month and have only a few cases. All criminal prosecutions that occur in towns and villages are commenced in a justice court. Misdemeanors are handled exclusively in the justice court, while
felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
generally move up to county court after defendants are arraigned in a Justice Court before the case moves forward. Similar matters in some places outside New York are handled by a justice of the peace. Town and village Justices also possess limited powers of a New York notary public,
ex-officio An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
, only within the county in which the town or village for which they serve is located; they may administer oaths and affirmations and take acknowledgments and proofs of execution. Some Justices seek and obtain a formal New York notary public commission to permit free travel statewide and enjoy the additional privileges and international legal recognition of a notary public.


New Hampshire

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 and, effective 1 January 2008, solemnize civil unions for same-sex couples. They may also order compulsory mental examinations for good cause, act as a magisterial official regarding enforcement complaints on orders for isolation or quarantine issued by the Commissioner of Health and Human Services, administer oaths of office to public officials, take depositions and issue subpoenas. New Hampshire justices of the peace are also authorized, upon a showing of probable cause supported by affidavit, to issue arrest warrants, search warrants, administrative inspection warrants and by court appointment, to fix and receive bail in criminal cases.


North Carolina

Justices of the peace existed during the time of the
Province of North Carolina Province of North Carolina was a province of Great Britain that existed in North America from 1712(p. 80) to 1776. It was one of the five Southern colonies and one of the thirteen American colonies. The monarch of Great Britain was repre ...
(17121776.) They were appointed by the colonial Governor and served in counties or districts. Justices were essential for conducting court business. After independence, the 1776
Constitution of North Carolina The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the United States; it is the highest legal document for the state and subjugates North Carolina law. All U.S. st ...
and an act passed by the North Carolina General Assembly of 1777 re-defined justices of peace in the State of North Carolina. Justices of the peace were authorized to marry and had other court duties and assisted in collecting taxes. Duties of the justices were further reduced after the 1868 North Carolina Constitution and inferior courts were abolished.


Texas

In Texas, JPs are elected on a partisan ballot every four years. Texas does not require a JP to be an attorney in good standing. However, JPs are required to be "well versed in the law" and take mandatory classes to retain their office. New JPs are required to take 80 hours of legal, state-mandated classes the first year, and 20 hours each year thereafter during their tenure in office. Sections 18 and 19 of Article V of the
Texas Constitution The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas, and enumerates the basic rights of the citizens of Texas. The current document was adopted on Febr ...
, as well as Chapters 27 and 28 of the Texas Government Code, outline the duties of these Courts and their officers. Under Section 18, the number of JPs (and associated constables) is dependent on the size of the county: *For counties with populations less than 18,000 (as determined by the census), the entire county shall be a one JP precinct, unless the
Commissioners' Court Commissioners' court, or in Arkansas a quorum court, is the governing body of county government in three US states: Arkansas, Texas and Missouri. It is similar in function to a board of county commissioners. A similar system was in place in the ...
determines that more are needed, in which case the court can divide the county into no more than four JP precincts. *For counties with populations at least 18,000 but less than 50,000, the number of JP precincts shall be no less than two nor more than eight. *For counties with populations 50,000 or greater, the number of JP precincts shall be no less than four nor more than eight. *In any county with population less than 150,000, if any precinct contains a city with 18,000 or more population, that precinct shall have two JPs. *In any county with population 150,000 or greater, each JP precinct may have more than one JP. *Special provisions apply to
Chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama * Chambers, Arizona, an unincorporated community in Apache County * Chambers, Nebraska * Chambers, West Virginia * Chambers Township, Hol ...
and Randall counties (must have no fewer than two nor more than six precincts) and to
Mills Mills is the plural form of mill, but may also refer to: As a name * Mills (surname), a common family name of English or Gaelic origin * Mills (given name) *Mills, a fictional British secret agent in a trilogy by writer Manning O'Brine Places Uni ...
, Reagan, and Roberts (the Constable office is abolished, with the Sheriff's office performing all duties). Section 19 sets forth the minimum jurisdiction of the JP court: *Original jurisdiction in "criminal matters of misdemeanor cases punishable by fine only" (under the Texas Penal Code such offenses are called "Class C" misdemeanors, generally involving traffic offenses or public intoxication; however, in jurisdictions with a municipal court, if the traffic offense is written by a municipal police officer the municipal court will have jurisdiction, whereas if the offense is written by a state or county officer the JP court will hear the case), *Exclusive jurisdiction in "civil matters where the amount in controversy is $200 or less", and *"Such other jurisdiction as may be provided by law". Under this provision, the Legislature has raised the top limit on civil matters to $10,000 and assigned the JP courts, among others, the right to hear cases involving
eviction Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgag ...
as well as cases involving foreclosure and liens against personal property where the amount falls within the (revised) JP Court's jurisdiction. JP cases are appealed to the county court level; the appeal results in a trial de novo. In criminal cases, cases beginning in justice court cannot be appealed beyond the county level court unless the fine is more than $100 or a constitutional matter is asserted. In smaller counties without a coroner, the JP has the duty to perform inquests. The JP is also called out for any unattended deaths in the county. A JP in a large precinct in a large county will work 5 days a week, 8 or more hours daily. Their duties will include, but are not necessarily limited to the following: trials of civil matters, both to a 6-person jury and to the bench, with an amount in controversy not exceeding $20,000.00. Trials of criminal matters involving traffic violations and class C misdemeanors punishable by fine only. Pre-trial motion dockets and show-cause hearings are held, and all discovery must be approved by the Judge in advance in civil cases. All criminal matters are controlled by the rules of criminal procedure and evidence. A much more restricted and smaller set of rules apply in civil matters unless, in the Judge’s discretion, it is believed to be in the best interests of justice to apply the standard rules of evidence and procedure. The court has the exclusive jurisdiction of evictions. A Texas JP Judge will also magistrate prisoners and set bail. The Judge will hear juvenile violations such as truancy, underage drinking and smoking. Warrants of Arrest, Alias, Search and Capias Profine are issued. Protective Orders can be issued and result in jail time if violated. Several administrative matters are heard including the finding of a Dangerous Dog, Occupational Drivers License and tow hearings. Many writs are issued such as writs of re-entry to apartments, possession of realty and to reinstate utilities a landlord may have turned off. A JP has contempt power of $100 and up to 3 days in jail per occurrence. A JP is also authorized to perform marriage ceremonies.


Vermont

Justices in
Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
are elected county officials, serving two-year terms. They are elected from each town or city within a county, and the number of justices elected from each municipality varies based on population, from as few as 3 or 5, to as many as 12 or 15. They generally serve as election, poll, and
town meeting Town meeting is a form of local government in which most or all of the members of a community are eligible to legislate policy and budgets for local government. It is a town- or city-level meeting in which decisions are made, in contrast with ...
officials, and sit on the boards of civil authority and tax abatement within their municipalities. When assembled as the board of civil authority, they have the authority to decide, in the first instance, election disputes and disagreements about whether a voter should be registered. When the assessed value of property for real estate tax purposes is appealed to the board of civil authority, at least three board members are appointed to inspect the property. They may perform civil marriages throughout the state and are eligible to serve as notaries without payment of the usual registration fee. Justices may also serve as a magistrate when commissioned by the Supreme Court. The option to serve as a magistrate has never been invoked and likely never will be; in June 2019 Associate Justice of the Vermont Supreme Court Marilyn Skoglund described the idea of commissioning a justice of the peace as an actual magistrate as "a truly frightening idea" and stated that she had never heard of such a thing actually happening.


Wyoming

Esther Hobart Morris became the first female justice of the peace in the United States in 1870. She began her tenure as justice in
South Pass City, Wyoming South Pass City is an unincorporated community in Fremont County, Wyoming, United States. It is located south of the intersection of highways 28 and 131. A former station on the Oregon Trail, it became a ghost town after later gold mines were c ...
, on February 14, 1870, serving a term of nearly 9 months. The Sweetwater County Board of County Commissioners appointed Morris as justice of the peace after the previous justice, R.S. Barr, resigned in protest of
Wyoming Territory The Territory of Wyoming was an organized incorporated territory of the United States that existed from July 25, 1868, until July 10, 1890, when it was admitted to the Union as the State of Wyoming. Cheyenne was the territorial capital. The bou ...
's passage of the
women's suffrage Women's suffrage is the right of women to vote in elections. Beginning in the start of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to grant women the right to vot ...
amendment in December 1869.


Replacement with other courts

In many states, the office of justice of the peace has been abolished or transferred to another court, such as the
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
court. In larger cities, cases may be heard in a municipal court which has jurisdiction only within that city. Most efforts to abolish the office of justice of the peace have been led by the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
, 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. 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 (in the state's view of the
Fourteenth Amendment to the U.S. Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and e ...
) to allow a non-lawyer to preside over a criminal trial which could result in incarceration of the defendant. The court specifically recognized that in the aftermath of ''
Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...
'' (1963), it was unreasonable to allow a case to be tried before a layperson incapable of understanding the legal arguments of the attorney to whom the defendant was entitled under ''Gideon''. In 1994, the remaining justice courts were consolidated into the municipal courts by the passage of Proposition 191, and in 1998, the electorate passed Proposition 220, which authorized the merger of the remaining municipal courts (the only remaining courts of inferior jurisdiction) into the superior courts (the courts of general jurisdiction). However, the judges affected by each merger in each county had to affirmatively consent, a process completed in 2001. Under current California law, all California judges must be licensed attorneys. The Supreme Court of the United States has held in '' North v. Russell'', , use of nonlawyer judges in Kentucky's system of police courts accords with the Fourteenth Amendment guarantees of due process and equal protection of the laws.The possible ambiguity of the ''North v. Russell'' holding is suggested by the
West Virginia Supreme Court The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 ...
case State ex rel. Collins v. Bedell, 460 S.E.2d 636 (W. Va. 1995): " North v. Russell . . . the Supreme Court of the United States determined that Kentucky procedures provided for a trial ''de novo'', which included the right to a trial by jury, before a lawyer-judge; therefore, the Supreme Court found it unnecessary to decide whether the proceeding before a lay officer, which resulted in a sentence of thirty days in jail for driving under the influence, violated the constitutional rights of the defendant." Bedell, 460 S.E.2d at 643–644.


See also

* Justices of the Peace Act


References


External links

* {{Authority control Common law Gubernatorial titles Judiciary of England and Wales Legal professions