A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. In some jurisdictions, the court over which a justice of the peace presides is called a justice court.
History in the United Kingdom
In 1195, Richard I of England and his minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the "King's peace". Therefore, they were known as "keepers of the peace".
The Justice of the Peace Act 1327 (1 Edw. 3. Stat. 2. c. 16) had referred to "good and lawful men" to be appointed in every county in the land to "guard the peace"; such individuals were first referred to as conservators of the peace, or wardens of the peace. The title justice of the peace derives from 1361, in the reign of Edward III. The "peace" to be guarded is the sovereign's, the maintenance of which is the duty of the Crown under the royal prerogative. Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons "to be of good behaviour". The bind over is not a punishment, but a preventive measure, intended to ensure that people thought likely to offend will not do so. The justices' alternative title of "magistrate" dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times.
In the centuries from the Tudor period until the onset of the Industrial Revolution, the JPs constituted a major element of the English (later British) governmental system, which in modern times has sometimes been termed a squirearchy (i.e., dominance of the land-owning gentry). For example, historian Tim Blanning notesTim Blanning, The Pursuit of Glory: Europe 1648–1815, Penguin, 2007 that while in Britain the royal prerogative was decisively curbed by the Bill of Rights 1689, in practice the central government in London had a greater ability to get its policies implemented in the rural outlying regions than could contemporary absolute monarchies such as France – a paradox due especially to JPs belonging to the same social class as the Members of Parliament and thus having a direct interest in getting laws actually enforced and implemented on the ground.
Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justice's standing within the community, the justice was typically a member of the gentry. The justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. Towns and boroughs with enough burdensome judicial business that could not find volunteers for the unpaid role of justice of the peace had to petition the Crown for authority to hire a paid stipendiary magistrate.
The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it. This was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown.
Until the introduction of elected county councils in the 19th century, JPs, in quarter sessions, also administered the county at a local level. Their many roles included regulating wages and food supplies, managing roads, bridges, prisons and workhouses and they undertook to provide and supervise locally those services mandated by the Crown and Parliament for the welfare of the county. To this end they set the County Rate, where one was set at all.
Women were not allowed to become JPs in the United Kingdom until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, who was a JP by virtue of her office. In October 1920 Summers was appointed a JP in her own right, alongside other pioneers including Edith Sutton and Miriam Lightowler in Halifax. Emily Murphy of Edmonton, Canada, preceded her by some three and a half years.Byrne Hope Sanders, Emily Murphy: Crusader, Macmillan, Toronto, 1945Christine Mander, Emily Murphy: Rebel, Simon & Pierre, Toronto, 1985 As at 2018 in England and Wales, about one-third of JPs are women.
In special circumstances, a justice of the peace can be the highest governmental representative, so in fact 'gubernatorial', in a colonial entity. This was the case in the Tati Concessions Land, a gold-mining concession in the Matabele kingdom, until its annexation by the British Bechuanaland protectorate.
History in the United States
The office of justice of the peace was brought to North America from England and became a common feature of colonial and later state government in the United States. In many states, the office was recognized in state constitutions or otherwise established by statute as part of the lower judiciary.
In the American colonies, justices of the peace exercised jurisdiction in certain civil and criminal matters, and in the United States they traditionally handled minor civil disputes, petty offenses, and a variety of local magisterial functions. Depending on the jurisdiction, their duties could include issuing warrants, administering oaths, performing marriages, and handling other ministerial acts. Many historically were lay judges rather than legally trained attorneys.
During the 20th century, the office declined in many states as part of broader judicial reform and court unification. Reformers criticized older systems of local lay courts as fragmented and inconsistent, and many states replaced justice of the peace courts with more centralized lower courts staffed by salaried, law-trained judges.
The use of lay judges in criminal cases also became the subject of constitutional litigation. In Gordon v. Justice Court (1974), the Supreme Court of California held that due process was violated when a non-attorney judge presided over a criminal trial that could result in imprisonment, unless that right was validly waived. In North v. Russell (1976), the Supreme Court of the United States held that trial before a nonlawyer judge did not violate due process where the defendant had a right to a trial de novo before a law-trained judge.
Although many states later abolished justice of the peace courts or transferred their jurisdiction to other lower courts, the office was not eliminated nationwide.
Modern use
Australia
A justice of the peace in Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations and affidavits and to certify copies of original documents.
There are no Federal level JPs in Australia, as this power is retained by the State Governments and devolved to the Territory Governments. Where a Federal Government document or task requires the services of a JP, the rules of each individual State or Territory government will dictate if they have the authority to assist. Criteria for appointment vary widely, depending on the state.
Australian Capital Territory
In the Australian Capital Territory (colloquially, the ACT), there is only the single level of Justice of the Peace. They are appointed on an as-needed basis, and a potential appointee must be an Australian Citizen, and both a resident of, and enrolled on the electoral roll, of the territory. They must also not be an undischarged bankrupt, and consent to criminal history checks being undertaken prior to appointment.
Appointment is for life, unless a JP resigns, is suspended/dismissed from office, or resides outside of the ACT for a period of more than 12 consecutive months.
JPs for the ACT also cover the Australian External Territory of Norfolk Island, and the Internal Jervis Bay Territory, subject to local law variations in those two jurisdictions.
New South Wales The most common functions performed by a justice of the peace in New South Wales are to witness the signing of a statutory declaration, Service NSW: "Prepare a NSW statutory declaration (stat dec)" witness the signing of an affidavit and certify that a copy of an original document is a true copy.
JPs are appointed by the Governor of New South Wales for five-year terms. They are volunteers, who come from all walks of life and all sections of the community. JPs are people who are trusted to be honest, careful and impartial when performing the functions of a JP. They must not charge a fee or accept a gift for providing JP services, tell people what to write in a statutory declaration,affidavit write it for them, or give them legal advice.
Ways to find a JP in New South Wales include:
1. Search the JP Public Register, which lists all JPs for each postcode area and provides a telephone contact number for JPs who serve the community directly.NSW Government: Communities and Justice: JP Public Register.
2. Check a public listing of scheduled JP services to find when JPs are available at scheduled times and locations across the state.
In the early years of the Colony of New South Wales, justices of the peace had far greater responsibilities and broader roles in the administration of justice than now.
Queensland In the state of Queensland, a "justice of the peace (qualified)" has the additional powers to issue search warrants and arrest warrants and, in conjunction with another justice of the peace (qualified) constitute a magistrates' court for exercising powers to remand defendants in custody, grant bail, and adjourn court hearings.
Some justices are appointed as justice of the peace (magistrates' court), usually in remote Aboriginal communities, to perform many of the functions that might otherwise fall to a stipendiary magistrate.
In Queensland, a lawyer may be appointed as a Justice of the Peace without further education or qualification and has the full powers of a JP (Magistrate's Court). A commissioner for declarations (C.dec) has powers limited to witnessing documents, witnessing statutory declarations, witnessing affidavits, witnessing and administering oaths and affirmations.
The first woman to become a JP in Queensland was Matilda (Maud) Hennessey of Mackay on 24 April 1918.
South Australia In South Australia, there are two types of justices: justice of the peace and special justices.
A justice of the peace in South Australia is typically someone of good stature in the community who is authorised to witness and sign statutory declarations, affidavits, waiver rights, search warrants, drug warrants, divorce documents, and to certify copies of original documents and to witness the signing of power of attorney and guardianship documents, providing the JP is satisfied with the capability of the signatory.
A Special Justice (SJ) is a higher level of justice of the peace in South Australia; they sit on the bench of the magistrates' court hearing cases in the petty sessions division.
The South Australian Attorney-General has set up a web site to locate justices of the peace. The majority of metropolitan and many regional Councils (Local Government authorities) have a rotational justice of the peace in residence at nominated times.
South Australia's first women justices were appointed in July 1915.
Victoria