What Does A "Justice of the Peace" In Texas Do?
Most everyone knows that the "Justice of the Peace" performs marriages, but most people don't know they do a lot more than that, especially in Texas. They are a vital part of the complicated Texas judicial system, and interestingly enough, are not required to be a licensed attorney.
Justice of the peace courts handle debt claims, small claims, evictions, truancy, and deed restrictions, and other civil issues.
They also handle minor criminal charges, drivers license suspension hearings, class C misdemeanor charges, stolen property hearings, act as a magistrate, sign protective orders, and sign probable cause warrants.
Population determines the number of JP's on a county and precinct level. In McLennan County, being that we have over 200 thousand citizens, we must have a minimum of 4 and no more than 8 justice of the peace positions. Since we are over 150,000 in population we can have two JP's in one precinct. They are elected to four year terms by the voters in their precinct.
The Guide to Texas Laws for County Officials describes the JP position as follows:
"The justice of the peace is elected for a term of four years from each justice
precinct in the county (a precinct may have more than one justice of the peace).
The justice of the peace is the presiding officer of the justice court and the small
claims court. The justice of the peace has jurisdiction over minor misdemeanor
offenses (Class C), and in civil matters where the amount in controversy does not
exceed $10,000. A variety of civil process, as well as arrest and search warrants,
can be issued by the justice of the peace. The justice of the peace also sits as
judge of the small claims courts, in actions for the recovery of money, which does
not exceed $10,000.
The justice of the peace may also preside over hearings pertaining to suspension
of driver licenses and conduct other hearings and inquests. The justice of the
peace may conduct marriage ceremonies and serves as ex officio notary public for
the precinct. The justice of the peace has administrative and financial duties
concerning the keeping of records and fee and expense reports."
For a complete list of duties and responsibilities click here and scroll down to page 124 of the guide (page 131 of the PDF). Click here to visit the McLennan County Justice of the Peace website to find your precinct or here to contact your JP.