Ministerial
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Beyond court hearings, Justices of the Peace handle several community-facing duties: officiating marriages, keeping credentials current, and reporting finances to state auditors.
Recusal, Ad Hoc Appointments & Vacancies
When a Justice of the Peace cannot hear a case due to recusal or temporary absence, or when a vacancy occurs, replacement procedures ensure cases can proceed.
Recusal
A Justice of the Peace may voluntarily recuse themselves from a case due to potential bias or conflict of interest, or may be recused by motion of a party. When a JP is recused, the Louisiana Supreme Court appoints a Justice of the Peace ad hoc to hear the case. The Supreme Court has sole discretion on the appointment of the ad hoc JP for recusals — the JP cannot appoint the ad hoc themselves for recusal matters.
Recusal is mandatory — not optional — when the JP is a witness in the case; has been employed or consulted as an attorney in the case; is the spouse of a party or attorney, or when the JP’s parent, child, or immediate family member is a party or attorney in the case; or is biased, prejudiced, or interested in the case or its outcome to such an extent that they would be unable to conduct fair and impartial proceedings.
Ad Hoc Appointments
A Justice of the Peace may appoint a person residing within the territorial boundaries of the court who meets the qualifications for office, or a JP currently elected within the same parish, to serve as an ad hoc for a maximum of thirty days in each year. This appointment is appropriate for temporary absences such as vacation, illness, or military leave. The JP must notify the Attorney General within seventy-two hours of the appointment and provide the name, address, and telephone number of the ad hoc JP.
In the parishes of St. John the Baptist, St. Charles, and Lafourche, the parish governing authority must approve the ad hoc appointment by a majority vote of those present and voting.
If a JP anticipates exceeding the thirty days within the year, they should make a written request to the Supreme Court for the appointment of a Justice of the Peace pro tempore.
Filling Vacancies
When a vacancy occurs in the office of Justice of the Peace due to death, resignation, removal, or other cause, the vacancy is filled by special election called by the governor and held within twelve months after the vacancy occurs, except when the vacancy occurs in the last twelve months of an existing term. The Louisiana Supreme Court appoints a JP pro tempore to serve until the special election or regular election is held. The appointee shall not be eligible as a candidate in the election to fill the vacancy.
La. R.S. 13:2592La. C.C.P. art. 151
Training & Credentialing
Louisiana law requires Justices of the Peace and constables to complete ongoing training. The Attorney General’s office conducts training courses and tracks compliance for every JP and constable.
Ongoing Training Requirements
Every Justice of the Peace and constable must attend at least one training course every other year. The Attorney General conducts these courses within six months of when JPs and constables take office, and once a year thereafter. Courses may be held in various locations throughout the state.
Newly elected JPs and constables must attend the first training course available after they take office.
Arrest Warrant Training
Justices of the Peace may not issue arrest warrants until they complete the Attorney General’s Arrest Warrants Course and receive a certificate of completion. This course is provided every year along with the general Justice of the Peace Training Course. Each JP must attend this course every other year and receive a certificate of completion to maintain the authority to sign and issue criminal arrest warrants.
The course covers the preparation and issuance of arrest warrants and is taught by assistant attorneys general and other qualified professionals. Training materials, including the Louisiana Law Enforcement Handbook, are provided to attendees.
Consequences of Noncompliance
If a JP or constable fails to attend the required training course every other year, they do not earn or receive state supplemental pay for their office until they attend a course and receive a certificate of completion from the Attorney General.
Training Course Content
The Justice of the Peace Training Course includes instruction on venue — where cases may be heard, jurisdiction — what cases the court may handle, elements of a cause of action — what must be proven in a case, limitation of actions — deadlines for filing cases, conduct of trials, trial demonstrations, and the duties, functions, and responsibilities of the offices of JPs and constable.
At the conclusion of the course, the Attorney General presents a certificate of completion to each JP and constable who has attended the full course.
La. R.S. 49:251.1La. R.S. 49:251.4
Reporting & Fiscal Compliance
The Legislative Auditor oversees Justice of the Peace finances. Because JPs receive public funds, they must file annual financial statements and certifications with the Legislative Auditor.
Filing Requirements
A JP or constable of a Justice of the Peace Court is not required to have an audit, but must file a certification with the Legislative Auditor indicating the amount of funds related to their official duties that they received for the fiscal year. They must also annually file with the Legislative Auditor sworn financial statements.
JPs must use forms specific to JP courts. Constables file a separate version and submit a personal financial disclosure to the Board of Ethics.
When an Audit Is Required
The Legislative Auditor, at their discretion, may require a JP or constable to have an audit of their books. If a JP or constable receives from their official duties in excess of $200,000 in revenues and other sources in any one fiscal year, they must have an audit conducted by a licensed certified public accountant.
Record Keeping
JPs must keep supporting documentation for supplemental pay, litter reimbursements, and constable fee sharing to respond to audit requests. They must mail filings to the Office of the Legislative Auditor or submit them through the LLA portal, and must retain proof of delivery.
Marriage Authority
Justices of the Peace may officiate marriages once sworn into office.
Geographic Authority
Authority extends to the home parish, any parish in the same supreme court district, and parishes without JP courts (except Orleans). Retired JPs with eighteen years of service may retain parish authority if they register with the clerk of court.
Requirements Before Performing a Marriage
The JP must confirm a valid license, absence of legal impediments — barriers to marriage such as existing marriage or close family relationship — and personal appearance of both parties. No proxy ceremonies are allowed.
Marriages Involving Minors
Minor spouses over sixteen require written consent from those with custody. Younger minors need a court order before the JP proceeds with the ceremony.
Certificates and Filing
The JP provides one certificate to the couple and files two copies with the issuing official within ten days.
Fees
Fees may reflect the parish’s usual and customary rate.