Hi. I've put the Justice of the Peace information I collected into three parts: 1. Historical, Legal and Political Antecedents, 2. General Requirments and Functions of American JPs, and 3. Characteristics and Qualifications of Some JPs in Various States of the US. These categories are somewhat arbritrary and overlapping, but that's because I'm dealing with what you all sent me and is not research that I've done on my own. I most certainly appreciate all of the colorful and eclectic responses that I received. Connie ~~~~~~~ Part 2. General Requirments and Functions of American JPs It appears that mostly JPs in the US were land owners, of a fairly mature age, well known, and could read and write. So most of us on the genealogy lists of today could qualify to be a JP. The following came from Carolyn Feroben, an online copy of the 1849 California Constitution; I copied the judicial section from Article VI, which lays out the JP role. The process and prosecutions are conducted by the JP as a representative of the "People of the State of California." http://www.ss.ca.gov/archives/level3_const1849txt.html Sec. 8. There shall be elected in each of the organized counties of this State, one County Judge, who shall hold his office for four years. He shall hold the County Court, and perform the duties of Surrogate, or Probate Judge. The County Judge, with two Justices of the Peace, to be designated according to law, shall hold courts of sessions, with such criminal jurisdiction as the Legislature shall prescribe, and he shall perform such other duties as shall be required by law. Sec. 11. No judicial officer, except a Justice of the Peace, shall receive, to his own use, any fees or perquisites of office. Sec. 14. The Legislature shall determine the number of Justices of the Peace, to be elected in each county, city, town, and incorporated village of the State, and fix by law their powers, duties, and responsibilities. It shall also determine in what cases appeals may be made from Justices Courts to the County Court. Sec. 18. The style of all process shall be "The People of the State of California;" all the prosecutions shall be conducted in the name and by the authority of the same. The following is equally facinating, at least to me: the Oath of Office taken from the original written document by Phil Van Camp for the Ciudad de Los Angeles 1846. 19th day of September, 1846 I Alexander Bell, do most solemnly swear that I will bear true & faithful allegiance to the United States of North America, that I will to the best of my abilities perform the duties of Justice of the Peace in the Ciudad de Los Angeles, without fear, favor, or affection, and that I will be governed by such laws as are, or may hereafter be enacted by the Congress of the United States, or by the Constituted Authorities of the territory of California. s/ Alexander Bell. >>This was followed in the file by similar documents for John Temple, & Lemuel Carpenter. I was hurrying, & did not note if the latter two were also for L.A. The phrasing "United States of North America" was used on several other docs, including military orders. Tim Purdy provided the following synopsis and both he and Walt Davies confirmed my impression that JPs didn't need a law degree to qualify as a JP. Justice of the Peace presided over the Justice Court, sometimes referred to as the "People's Court." This is were minor criminal offenses (misdemeanors) and small civil litigations and small claims, whereas more major matters were bound over and/or filed in Superior Court. The Justice of the Peace had the authority of perform marraiges and they also presided over coroner's inquisitions in their townships. The only requirement, years ago, was to get elected to office. It was not until the late 1970s that one had to possess a law degree to qualify as a Justice of the Peace. However, in California with Court Consolidation there are no longer Justice Courts or Justice of the Peace. One is either a Superior CourtJudge or a Municipal Court Judge. Walt Davies: JP's were just what the name says Justice of the Peace, they were usually elderly members of the community that were appointed to settle small augments between the people. They usually had some sort of education and were most likely to be well known amongst the community as a fair and well liked person. In very small communities the cost of having a regular court was beyond the local people and traveling to a larger town was next to Impossible due to the time and distance so the government setup the Jp system to take care of these problems. There were really no set rules as to who could hold these positions as it would sometimes be almost impossible to comply. Also Judges didn't have to have a law degree...only in the last two decades did the lawyers change that. The following is from Cat who passed on the following from a "nice lady who is a Pastor"....and emphasises the secular nature of the role of JP: <A Justice of the Peace is licensed through the state and can only marry people. My ggrandfather was a statesman, but he also was a justice of the peace, and another one in my family was made a Justice of the Peace, but neither one of them were God-fearing men that I know of, so I believe that due to the fact that people needed to marry, etc. this is more a secular position rather than one called of God, however, three churches have ordained me, and one of them is an international group, so I can marry or bury anyone in any state throughout the world. >> More about current experiences and observations in Part 3, which includes comments from a JP in Arkansas. End of Part 2