What is a Justice of the Peace?
and what do they do?
Have you ever wondered "What is a Justice of the Peace and what the heck do they even do?" Here is a brief description of the duties of a JP.
A Brief History of the Office of the Justice of the Peace
There are nearly 2,000 justices of the peace in Vermont, making it Vermont’s most numerous and popular public office. Yet it is an office not commonly understood or appreciated by the public, in part because of how the duties of the office have been altered over the years.
Created by the Vermont Constitution in 1777, the office of justice of the peace is one of Vermont’s oldest public offices. For the next nine years, the voters of each county elected their justices of the peace. In 1786, the Constitution was changed to provide that the General Assembly would instead elect them. In 1850, the Constitution was again amended and we adopted the present system, whereby JPs are elected by the voters of their respective towns.
The first justices of the peace acted as judges in certain matters. A 1779 law provided that a JP could try any action in which the matter in demand or fine did not exceed ten pounds, or potential corporal punishment did not exceed ten lashes. It was not until 1974 that the General Assembly removed all judicial powers from the office.
The authority of a justice of the peace to solemnize marriages was first established in 1779, but jurisdiction was limited to the county for which a justice was elected. In 1974, this jurisdiction was extended statewide.
A JP’s responsibilities for elections began in the mid-nineteenth century and have evolved ever since.
Becoming a Justice of the Peace
To become a justice of the peace, you must either be elected at a general election or appointed to fill a vacancy in office. Vt. Const. Ch. II, § 52. Chosen by the voters of each town, JPs were nonetheless considered to be “county officers” until 2017, when the Vermont Legislature removed JPs from that statutory definition. 17 V.S.A. § 2103(10).
How Many Justices to Elect
The Vermont Constitution prescribes, on the basis of population, the maximum number of
justices of the peace that may be elected for each town. Vt. Const. Ch. II, § 52. A town may
elect fewer JPs if it wishes.
POPULATION NUMBER OF JUSTICES
Less than 1000 5
1000–1999 7
2000–2999 10
3000–4999 12
5000 and above 15
If, after a census, a town’s population has increased sufficiently to meet the threshold for
electing additional justices of the peace, an article to increase the number of justices may be added to the warning. If the article passes, the increased number of justices will be elected at the next general election.
Term
The term of a justice of the peace begins on February 1 of the year following the general election and runs for two years. 4 V.S.A. § 491.
Overview of the Responsibilities of a Justice of the Peace
Duties Generally
The responsibilities of justices of the peace can be divided into five broad categories:
1) Elections. Each justice of the peace is a member of his or her town’s Board of
Civil Authority (BCA). 24 V.S.A. § 801. The BCA is charged with the conduct of all
elections that occur in town (primary, general, special, and local). 17 V.S.A.
§ 2451. Upon request, JPs are also responsible for delivering absentee ballots at
election time to voters who are ill or physically disabled. 17 V.S.A. § 2538(a).
2) Tax appeals and abatement. As BCA members, justices of the peace hear
and decide town property tax assessment appeals when local property owners
do not agree with the final decision of the listers. 32 V.S.A. § 4404. Because JPs
are BCA members, they also sit as members of their town’s Board of Abatement
to determine whether a taxpayer’s property tax obligation should be forgiven
under certain circumstances. 24 V.S.A. § 1533.
3) Marriages. Justices of the peace may solemnize marriages in Vermont.
18 V.S.A. § 5144.
4) Oaths and notarial acts. Justices of the peace may administer oaths in all
cases where an oath is required, unless a specific law makes a different
provision. 12 V.S.A. § 5852. Justices of the peace may also perform notarial acts.
Under 2018 legislation modernizing notary public regulation, JPs must apply for
and renew their notary public commissions through the Secretary of State’s
Office of Professional Regulation. There is no fee for this commission.
5) Duties as magistrate. If commissioned by the Supreme Court, a justice of the
peace may also serve as a magistrate. Vt. Const. Ch. II, § 52.
Mandatory vs. Discretionary Duties
Mandatory duties are those duties which, by law, the JP must perform. These duties include participating as a Board of Civil Authority member by serving as an election official and assisting on election days, hearing and deciding tax appeals, and serving as a member of the Board of Abatement
Discretionary functions of the office include performing marriages, administering oaths, performing notarial acts when commissioned as a notary, and serving as a magistrate. A justice of the peace has the power to perform these functions, but an individual JP is not required to do so in any particular instance. In deciding whether or not to perform these functions, however, a JP must not discriminate on the basis of any prohibited factor like race, color, sex, religion, national origin, disability, sexual orientation, or gender identity. 42 U.S.C. § 1983; 9 V.S.A. § 4502.
The Board of Civil Authority
Justices of the peace sit on the Board of Civil Authority (BCA). The BCA is the municipal body responsible for handling election matters and deciding property tax assessment appeals.
Election Responsibilities
Of all duties of the justice of the peace, election administration is the most crucial. It is expected that, as elected officials, JPs will assist with all elections: primary, general, special, and local. The Board of Civil Authority has “charge of the conduct of elections within the political subdivision for which it is elected.” 17 V.S.A. § 2451.
Absentee Ballot Delivery
Justices of the peace also serve as election officers for the purpose of delivering absentee ballots to voters who have stated that they have an illness or physical disability that prevents them from voting at the polling place on Election Day but who have not requested in their applications that absentee ballots be mailed to them. 17 V.S.A. § 2538(a).
Counting the Votes
After the polls have closed, the counting process begins. JPs are an integral part of the counting process, whether in a hand count town or a vote tabulator town. The rules for counting ballots are set out in 17 V.S.A. § 2587. Examples of how to determine voter intent are provided in our Elections Procedures guide, available on the Secretary of State’s website at https://www.sec.state.vt.us/elections/town-clerks-electionworkers/election-procedures.aspx. Detailed instructions for vote tabulator towns are found here: https://www.sec.state.vt.us/elections/town-clerks-election-workers/electionsupplies.aspx. If a recount is requested, members of the BCA, as elections officials, may be needed to help
These are just some of the duties of a Justice of the Peace. For a full in depth overview, please visit: https://outside.vermont.gov/dept/sos/Elections%20Division/town%20clerks%20and%20local%20elections/jp-guide-2019.pdf