Justice of the peace

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.

[4] In the centuries from the Tudor period until the onset of the Industrial Revolution, the JPs constituted a major element of the English (later British) governmental system, which in modern times has sometimes been termed a squirearchy (i.e., dominance of the land-owning gentry).

For example, historian Tim Blanning notes[5] that while in Britain the royal prerogative was decisively curbed by the Bill of Rights 1689, in practice the central government in London had a greater ability to get its policies implemented in the rural outlying regions than could contemporary absolute monarchies such as France – a paradox due especially to JPs belonging to the same social class as the Members of Parliament and thus having a direct interest in getting laws actually enforced and implemented on the ground.

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.

Their many roles included regulating wages and food supplies, managing roads, bridges, prisons and workhouses and they undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county.

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 affidavits and to certify copies of original documents.

[28] 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.

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 or leasing of real estate, evictions, easement, land consolidation, consumer credit or unpaid utility bills.

The justices of the peace also have original jurisdiction in certain aspects of family law, most notably legal guardianships for incapacitated seniors, and the involuntary commitment of the mentally ill to psychiatric facilities.

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,[35] administering statutory declarations, and serving as members of advisory panels.

In general, Peace commissioners may sign statutory declarations, and may rarely issue summons and search warrants to the Garda Síochána (Irish police).

(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.

In Sri Lanka, Justice of the Peace is an honorary post, with authorisation to witness and sign statutory declarations and affidavits as well as certify documents.

[53] 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.

[55] 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 those individuals who have demonstrated the five key qualities for appointment which are: (1) awareness of social issues; (2) maturity and understanding; (3) reliability and commitment; (4) understanding of documents and effective communication; and (5) logical thinking.

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.

[69] Before 1714, magistrates were liable to be approached at any time and in any place by people legally recognised as paupers, appealing for aid if parish authorities refused to provide any.

They handle many cases of breaches of the peace – drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982.

[76]: Section 59 In Glasgow, the volume of business required the employment of three solicitors as "stipendiary magistrates" who sat in place of the lay justices.

In some US states, the justice of the peace is a judge of a court of limited jurisdiction, a magistrate, or a quasi-judicial official with certain statutory or common law magisterial powers.

In some jurisdictions a party convicted or found liable before a justice of the peace may have the right to a trial de novo before the judge of a higher court rather than an appeal strictly considered.

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[82]), and issues evictions, called writs of restitution (after a forcible detainer or special detainer action (eviction) being successfully completed by a landlord).

They have the same authority and responsibility as all other judges in the state with respect to performing marriages, administering oaths, adhering to the code of judicial conduct, and all aspects of justice administration.

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.

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.

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.

[88] 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[89] and, effective 1 January 2008, solemnize civil unions for same-sex couples.

[118] Justice courts do not have jurisdiction over certain types of civil cases, including disputes over title to real estate, false imprisonment, libel, slander, and malicious prosecution.

They generally serve as election, poll, and town meeting officials, and sit on the boards of civil authority and tax abatement within their municipalities.