This is my version of Justice of the Peace based on C. N. Callender, American Courts (1927); Chester H. Smith, "The Justice of the Peace System in the United States," 15 California Law Review (January 1927):118-141 as written by Paul Dolan. I am not a lawyer and this is not a "legal" definition. Russ Henderson PO Box 24117, Fort Lauderdale, FL 33307-4117 All states in the Union have some judicial officer called either justice of the peace (the most used term), magistrate, police judge, squire, or district judge, whose primary task is the administration of what is termed summary justice. Summary justice treats misdemeanors and is usually dispensed without a jury upon hearing before such an official, whose authority is restricted by statute. Jurisdiction is usually limited to the county in which the justice of the peace presides. Justices of the peace handle misdemeanors arising from violations of the motor vehicle code and breaches of the peace. Their jurisdiction can be waived by a defendant; trial then is taken to higher court. In most states, the justice of the peace has the power to commit or hold for further procedure those persons charged with felonies or high misdemeanors. In such cases, bail is determined by the justice of the peace. This action takes place at a preliminary hearing. In larger urban areas, misdemeanors come under the jurisdiction of municipal courts, which also have the power of commitment. On the civil side, the justice of the peace has authority to dispose of suits involving small amounts of money unless jurisdiction has been superseded by that of the small claims court. The justice of the peace court has its origins in medieval England. The early American colonies used justices of the peace not only in the rendering of justice but also in the issuance of local ordinances. Sometimes the justices engaged in administration. When the colonies became states, the extrajudicial authority of the justice of the peace was severely restricted. In some states a justice of the peace can still perform marriage. The office of justice of the peace has long been the subject of curiosity and pejorative comment, largely because of the kinds of persons named to the position and the way in which law is administered by them. Few justices of the peace are trained in the law, and lawyers generally do not serve - an anomaly stemming from early days when the dispensing of summary justice was considered to be the task of neighbors. Often the position has been used as a political plum, and some of those holding the job perform as politicians rather than as judges. Usually the justice of the peace is elected on a partisan ballot, although recently there is a trend toward appointment by the governor or legislature. Most justices of the peace receive no salary, subsisting on fees prescribed by statute. There is some movement toward the development of a stipendiary magistracy, particularly in urban areas. The justice of the peace is aided in the performance of duties by constables and clerks. In most jurisdictions, these officials are not paid a salary but receive compensation through fees. The justice of the peace supervises these officers but does not appoint them. Decisions by the justice of the peace are reviewable by a higher court of record; and if a case is accepted for review, a completely new trial can be held. General supervision of the justice of the peace courts lies with the state supreme court. At the Federal level, the official corresponding to the state justice of the peace is called a U.S. magistrate. The magistrate's duties are roughly the same as those of the justice of the peace, except the magistrate has authority only at the Federal level. The Federal magistrate is appointed by the Federal district court and serves in that district. The appointee must be an attorney in good standing. The term is eight years, and a salary is paid by the Federal government. Addendum from various souces: An English "Boke of Justices of Peas" was reprinted 31 times during the sixteenth century covering the rules accepted for that office. The first American handbook was published by George Webb, a Virginia justice of the peace in 1736 - "The Office and Authority of a Justice of Peace and also The Duty of Sheriff, Coroners, Churchwardens, Surveyors of Highways, Constables and Officers of Militia Together With Precedents of Warrants, Judgments, Executions and other legal Processes issuable by Magistrates within their respective Jurisdictions in cases civil or criminal and The Method of Judicial Proceedings before Justices of Peace, in matters within their Cognisance out of Sessions."