Vermont JPs

About Vermont JPs

Information from the Vermont Justice of the Peace Guide  

HOW TO BECOME A JUSTICE OF THE PEACE

To become a justice of the peace, you must be elected at a general election or be appointed to fill a vacancy. Although elected by a town, justices of the peace are actually county officers.

1. 1.  ELECTION OF JUSTICES A person must be a legal voter of the town and have been nominated by party caucus or, failing that, by the town committee in order to be elected justice of the peace. A person may also run as an independent.
   2. NUMBER OF JUSTICES TO ELECT The Vermont Constitution Chapter II, Section 52 prescribes the number of justices of the peace for every town on the basis of population. In each case the constitution sets a maximum number of justices that may be elected. The town may elect fewer justices if it wishes.
   3.  APPOINTMENT The governor may fill a vacancy in the office of justice of the peace. A vacancy can occur by resignation, death, insanity or when an incumbent moves to another state. Resignations can be sent to the town clerk and the Office of the Governor.  NOTE:  Moving to another Vermont town or county does not create a vacancy. In most cases, however.
   4. 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
   5. OATHS OF OFFICE A justice of the peace is not fully qualified to serve until he or she has taken the oath of office and the oath of allegiance and has filed a notarized copy of those oaths with the town clerk. The secretary of state provides copies of these oath forms to every newly elected justice.
      

      THE OATH OR AFFIRMATION OF ALLEGIANCE You do solemnly swear (or affirm) that you will be true and faithful to the State of Vermont, and that you will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. (If an oath) So help you God. (If an affirmation) Under pains and penalties of perjury.

      THE OATH OR AFFIRMATION OF OFFICE You (your name here) do solemnly swear (or affirm) that you will faithfully execute the office of justice of the peace for the town of (your town here) and will therein do equal right and justice to all persons to the best of your judgment and ability, according to law. (If an oath) So help you God. (If an affirmation) Under the pains and penalties of perjury.

   6. COMPENSATION No statute entitles justices of the peace to compensation for performing his or her duties under the law. However, in some instances compensation may be appropriate. … It is also traditional for parties to a marriage to offer some compensation to a justice of the peace. This is a matter between the justices and the couple, however; state law is silent on the subject.
      

      DUTIES AND RESPONSIBILITIES OF A JUSTICE OF THE PEACE

      1. GENERAL DUTIES The duties of justices of the peace can fall into five categories of responsibilities:

         a) Elections. Justices of the peace are members of the board of civil authority (BCA). Members of the BCA serve as election officials at town elections by Australian ballot and statewide elections. Justices also are responsible for delivering absentee ballots to voters at election time.

         b) Tax Abatement and Appeals. Justices of the peace sit as members of the town board for abatement of taxes to determine whether a taxpayer’s tax obligation should be forgiven under certain circumstances. Justices of the peace also serve an important role in the town’s tax appeal process. As a member of the board of civil authority, justices sit to hear and decide appeals when citizens do not agree with the final decision of the listers.

         c) Marriages. Justices of the peace may also solemnize marriages in Vermont.

         d) Oaths and Notary. Justices of the peace may also administer oaths in all cases where an oath is required, unless a specific law makes a different provision. A justice of the peace is a notary public ex officio and has all the acknowledgment powers of a notary public. However, the justice of the peace must file with the county clerk in order to act as a notary public (but the fee is waived).

         e) Magistrate. Justices of the peace may also serve as a magistrate when so commissioned by the Supreme Court.

      2. MANDATORY VS. DISCRETIONARY DUTIES
         Mandatory duties are those duties which, by law, the justice must perform. These include: participating as a member of the board of civil authority by serving as an election official and assisting on Election Day, sitting on tax appeals and serving as a member of the board of tax abatement.

         Discretionary functions of the office include performance of marriages, administering oaths and serving as a magistrate. Justices have the power to perform these functions but are not required to do so in any particular instance. In deciding whether or not to perform these functions the justice may not discriminate on the basis of any prohibited factor including race, sex, national origin, religion, sexual orientation, age or disability.
         

      3. SOLEMNIZING MARRIAGES

One of the most delightful powers of a justice of the peace is the authority to perform marriages. 18 V.S.A. §§ 5144, 5164. A justice’s jurisdiction is not limited to the town or county, and justices may perform marriages anywhere within the boundaries of the State of Vermont. Performing ceremonies are discretionary functions of this office. A justice may decide whether to perform a particular ceremony on a case by case basis, or may decline to perform all ceremonies or may decide only to perform ceremonies for family and friends. A justice may not discriminate on any basis prohibited by law (age, race, sex, national origin, religion or sexual orientation).

Before the ceremony, one of the parties to the proposed marriage must have applied to the town clerk of the town where either party resides or, if neither is a resident of the state, to any town clerk to obtain an application for a license. The application must be signed by one of the parties to the proposed marriage. Vermont law does not require a medical certificate, blood test or a waiting period. Once a license is obtained, the marriage can be celebrated anywhere in Vermont. 18 V.S.A. § 5145.

The marriage must be completed within 60 days of the issuance of the license or certificate. If the ceremony is delayed for more than 60 days, a new license must be applied for and issued.

An official who solemnizes marriages must complete a section on the form and return it to the town clerk who issued it within ten days of the ceremony. 18 V.S.A. § 5131. The official must sign the form and include his/her official title “Justice of the Peace.”

State law is silent on the mechanics of wedding ceremonies. Some authorities say that a minimum ceremony could be as short as the justice saying, “By the authority vested in me 26 by the State of Vermont, I now pronounce you husband and wife” (or some variant of that phrase) or “By the authority vested in me by the State of Vermont, I hereby join you in civil marriage.” By signing the license the official is certifying that the parties entered into the marriage with mutual consent. Parties are free to discuss with the justice their own ideas of what they want in a ceremony.

For those wanting a more formal civil marriage ceremony, a possible ceremony performed by a justice of the peace could include the following:

Any adult can now apply to the Vermont Secretary of State to be a “temporary officiant” at a specific wedding or civil union. The fee to apply is $100. Link to application (pdf).