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Qualifications

Justices of the peace are appointed or elected to perform judicial functions of limited jurisdiction.  They may or may not require having a formal legal education in order to qualify for the office of the justices of the peace.

Qualifications prescribed for justices of the peace vary from state to state.  Some jurisdictions require justices of the peace to be attorneys who have license to practice law.  Whereas, certain jurisdictions do not require them to be attorneys permitted to practice law.  However, a person selected to be a justice of the peace should have knowledge of both civil and criminal law, because the office of the justices of the peace has judicial authority to perform judicial functions[i].

Even if a justice of the peace is not trained at law, s/he has to act in accordance with the rule of law[ii].  S/he cannot surpass the substantive and procedural law laid down by specific state or federal statutes.  A justice of the peace has to know and understand the law prevailing in his/her jurisdiction, and will have to respect and follow the rules laid out by the state constitution.  Also s/he must apply the rules governing the judicial system while discharging his/her duties.

The lack of legal training will not render the judgment of a justice of the peace violative of a due process right available to a party under the constitution[iii].  However, if a justice of the peace has some pecuniary interest in deciding a case, it will violate the due process right of the litigating party and the justice of the peace will be disqualified in hearing such a case[iv].

Certain states statutorily require justices of the peace to be residents of the town or district for which they are appointed[v].  Also, certain state laws require that a justice of the peace shall hold court within the area for which they are elected.  However, in an offense committed against town ordinances, s/he may hold court within the limits of the town where the alleged offenses were committed[vi].

Under state statute, a justice of the peace is placed under county officers, and the terms to qualify and enter upon their office are subject to the rules prescribed for county officers in the statute[vii].  When the office of a justice of the peace is provided by the state constitution, s/he may be treated as a constitutional officer.

A justice of the peace is required to join office on taking an oath to discharge his/her duties faithfully.  Also s/he may be required to furnish a bond to the same effect.  Furnishing of the bond by a justice of the peace is one of the requirements of qualifying as a justice of the peace.  The bond will be given in the amount and manner as required by the respective statute before entering upon the duties of the office.  In order to complete the qualification to be a justice of the peace, approval of the bond of one person elected to the office of justice of the peace is necessary[viii].

[i] In re Chaffin,  2005-0782 (La. 06/29/2005); 906 So. 2d 428, 2005 La. LEXIS 2100.

[ii] In re Franklin, 969 So. 2d 591, 600 (La. 2007).

[iii] Amrein v. State, 836 P.2d 862, 1992 Wyo. LEXIS 108.

[iv] State ex rel. Moats v. Janco, 154 W. Va. 887 (W. Va. 1971).

[v] State ex rel. Reece v. Gies, 156 W. Va. 729 (W. Va. 1973).

[vi] State ex rel. Garland v. Maughan, 35 Utah 426, 1909 Utah LEXIS 33.

[vii] 17 Wyo. 356 (Wyo. 1909).

[viii] 17 Wyo. 356 (Wyo. 1909).


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