A justice of the peace is a judicial officer who is appointed to conserve the peace.  S/he has  the power to hear and determine charges relating to minor offenses.  They are also authorized to sign arrest warrants and search warrants, administer oaths, take statutory declarations, and carry out civil functions such as performing marriage ceremonies.  A justice of the peace may also serve as a magistrate.  However, the office of a justice of the peace differs from the office of a judge of an ordinary court.

Generally, a justice of the peace will not be removed from his/her position if s/he acted in good faith while doing the acts for which his/her removal is demanded.  However, if such an act indicates any incompetency or inattention to official duties, then the defense of good faith becomes immaterial.

It is to be noted that the disciplinary proceedings against a justice of the peace can be conducted before the Commission on Judicial Conduct under a state constitutional provision governing removal of judges for certain willful or persistent conduct.  The function of the State Commission on Judicial Conduct is to maintain the honor and dignity of the judiciary and to uphold the administration of justice for the benefit of the citizens[i].

Generally, a justice of the peace can be removed from his/her office if:

• A justice of the peace  fails to attend mandatory justice of the peace training courses, in which justices of the peace are trained in the laws of the state and their duties[ii];
• The misconduct of a justice  includes converting escrow funds and retaliating against the district attorney who made a complaint against the justice[iii];
• A justice of the peace fails to maintain strict confidentiality in connection with the issuance and execution of search warrants[iv];
• A justice of the peace issues an improper contempt charge that violated the duty of competence.  Such a person will be removed from the justice of the peace and prohibited from holding a judicial office in the future[v];
• The misconduct of a justice of the peace can comprise of any serious abuse of judicial authority and any exhibition of serious disregard for the standards of judicial conduct.  The standards of judicial conduct exist to maintain respect towards everyone who appears in a court and to encourage respect for the operation of the judicial process at all levels of the system[vi].

[i] In re Lowery, 999 S.W.2d 639 (Tex. Rev. Trib. 1998).

[ii] Smith v. Justice of Peace Court No. 1, 1990 Del. Super. LEXIS 306 (Del. Super. Ct. Aug. 7, 1990).

[iii] In re Cerbone, 2 N.Y.3d 479 (N.Y. 2004).

[iv] In re Gibbons, 98 N.Y.2d 448 (N.Y. 2002).

[v] In re Chacon, 138 S.W.3d 86 (Tex. Rev. Trib. 2004).

[vi] In re Romano, 93 N.Y.2d 161 (N.Y. 1999).