The term of office for a justice of the peace is regulated by state constitutions and relevant state enactments. Terms of office vary from state to state.
The term of office for a justice of the peace continues for a period of time stipulated in a statute. Also, a justice of the peace may continue in office until a successor is appointed or is duly qualified to act as a justice of the peace, if it is so prescribed in the statute.
The office of justice of the peace is considered a civil office under state statutes. Hence, a state constitutional provision that requires every person holding any civil office under the state to continue the office until removed according to law, or until his/her successor is duly qualified, is applicable to a justice of the peace[i].
Generally, a candidate or a legislature cannot alter a constitutionally prescribed term of office[ii]. For example, the New York state constitution gives authority to the legislature to fix the terms and methods of selection of a justice of the peace. However, the term of office was stipulated as four years by the constitution[iii]. In such cases, a candidate or legislature is not permitted to deviate from the constitutionally prescribed period although the constitution has delegated the authority to fix the term[iv].
In certain states, the term of the justices of the peace, elected under a certain state constitution, except to fill vacancies, will begin on the first day of January after their elections[v].
A vacancy in the office of justice of the peace can arise due to death or resignation of a previous incumbent in office. In such case, a person elected and appointed to fill a vacancy of justice of the peace is entitled to hold the office for the full term as fixed by the respective state constitution[vi]. However, where a person is elected relying on a ballot that stated specifically that the person is appointed for the remaining term of the office, s/he is entitled to continue only for the remaining term[vii]. The voters who relied on the representation that they were voting to fill an unexpired term will be disenfranchised if an elected justice of the peace is given the right to serve a full term.
A nomination petition will be considered defective if it does not state for which office the nomination is submitted when there are two identical offices with different terms to be filled[viii].
Where the territorial limits of a few precincts are abolished and merged into one, the term of office of each of the justices of the peace who hold office in the respective precincts expire. They will not hold over or be elected to succeed themselves in the precincts which were abolished as the terms of office of the justices of the peace ceased to exist[ix].
[i] 17 Wyo. 356 (Wyo. 1909).
[ii] Munnelly v. Newkirk, 262 A.D.2d 781, 692 N.Y.S.2d 195.
[iii] NY CLS Const Art VI, § 17(d).
[iv] Munnelly v. Newkirk, 262 A.D.2d 781, 692 N.Y.S.2d 195.
[v] Mitchell v. Pittman, 184 Ga. 877, 1937 Ga. LEXIS 704.
[vi] Smith v. McConnell, 44 S.C. 491, 1895 S.C. LEXIS 106.
[vii] Matter of Williams v. Westchester County Bd. of Elections, 2009 NY Slip Op 6277, 2 (N.Y. App. Div. 2d Dep’t 2009.
[viii] Matter of Williams v. Westchester County Bd. of Elections, 2009 NY Slip Op 6277, 2 (N.Y. App. Div. 2d Dep’t 2009.
[ix] Nystrom v. Clark, 27 Utah 186, 1904 Utah LEXIS 6.
