ABOUT JP'S

A Little Bit of History

                                       

The role of Justice of the Peace in England goes back to the twelfth century, when the first of a succession of kings appointed wealthy landowners to enforce laws in their counties. Today JPs are no longer restricted to the upper classes. In the democratic societies that emerged from those territories originally colonized by English émigrés -- Canada, Australia and the U.S. – JPs are still plying their trade, though not in every state.

 

 

 

JPs do More than Marry People!

                                                              

In the U.S. every state had a Justice of the Peace system at one time or another. Duties varied from state to state and they still do -- in states that still have JPs. Some responsibilities, however, are shared by JPs in most states:

 

• In states where they have judicial duties (and they don’t in New England), JPs operate at the lowest court level, handling misdemeanors and minor financial disputes.

 

• JPs are authorized to witness signatures and oaths, take depositions and acknowledgements, and administer oaths and affirmations. 

  • Depositions. A deposition is the taking of testimony under oath for use in civil action or probate court proceedings. In this context, a JP may also issue a subpoena to ensure that the witness appears at the deposition

 

• • Oaths and Affirmations. An oath is an oral declaration of responsibility made by a person assuming a role. The person then signs an affidavit, witnessed by the JP, attesting to the truth of the oath. (An affirmation, using words other than "swear" and "so help you God," may be administered instead.) 

 

• Minimal qualifications and little if any training are the rule, though there are exceptions. Salaries, if any, or a published payment scale are correspondly low.

 

• But the one thing JPs from nearly all states can do (and the reason we’re discussing them here)  is officiate at marriage ceremonies. (The glaring exception to the rule is Rhode Island.) JPs are standing in for the state when they join two people in marriage. When a JP signs the marriage license, s/he is attesting to the legality of the union.