Justices of the Peace Explained
By Judge Steve Walker
Ever wonder where Justices of the Peace originated? They actually go back to 1195 when King Richard the Lionhearted of England commissioned certain knights to preserve the peace in unruly areas of the country.
Those knights were responsible to the king for ensuring that the law of the land was upheld. The term they used was “keepers of the peace.”
An act approved in 1327 had actually referred to "good and lawful men" to be appointed in every county in the land to "guard the peace."
At that time they were referred to as “conservators of the peace” or wardens of the peace. The actual title "Justice of the Peace" derives from 1361, in the reign of King Edward III.
Justices of the Peace still use the power conferred or re-conferred on them in 1361 to contain unruly people and encourage them to behave. It was designated to serve as a preventative measure, intended to ensure that people thought likely to offend would not do so.
The Justices of the Peace conducted arraignments in all criminal cases, and tried misdemeanors and infractions and local ordinances as we do to this day.
Now let’s fast forward to the present. In Texas each county in the State of Texas is required (by the State Constitution-1836) to have between one and eight Justices of the Peace--depending on population. Also, and again, dependent upon population, each Texas precinct is required to have either one or two Justice of the Peace Courts. Texas currently has 828 such courts.
Under Section 12 of the 1836 Texas Constitution: “There shall be appointed, for each county, a convenient number of Justices of the Peace….to be elected by the qualified voters of the district or county, as Congress may direct.”
JPs are elected every four years and the terms around the state are staggered so as not to force 828 Justices of the Peace to stand for election at the same time for continuities sake. Texan Justices of the Peace have jurisdiction over Class C misdemeanor criminal cases, and minor civil matters.
They may also issue arrests or warrants, and may act as the coroner for counties that do not have a medical examiner. Justice of the Peace Courts may also function as small-claims courts. In Bexar County, like all other jurisdictions, Justices of the Peace dockets include truancy, disorderly students, minors in possession, evictions, and small claims not to exceed 10-thousand dollars (a.k.a. Judge Judy court) and traffic related citations.
In Bexar County we have six Justices of the Peace with two in Precinct 2, two in Precinct 1 and one each in Precinct 3 & 4. Justice of the Peace Rogelio Lopez presides in Pct. 4, Judge Keith Baker presides in Pct. 3, Judges Edmundo Zaragoza & Monica Caballero preside in Pct. 1 and Judges Bill Donovan and me, preside in Pct. 2.
Bexar County JPs do not perform inquests since we have medical examiners available. In the rural areas JPs routinely rotate that duty with other nearby Justices of the Peace in bordering jurisdictions so they are not overwhelmed by the constant calls in the middle of the night to declare someone officially dead.
While magistrate duties are also part of the Justice of the Peace jurisdiction, in Bexar County Judge Monica Caballero from Pct. 1 normally handles that duty since her court is located in the downtown area and the various constable’s deputies are able to transport defendants to the central location.
Unlike most judges, Justices of the Peace are not required to be attorneys under the Texas Constitution of 1836. Of the 828 current Texas JPs, over 750 JPs are not attorneys to include two in Bexar County.
Precinct 1 Justice of the Peace Edmundo Zaragoza is not an attorney and as Justice of the Peace, Pct. 2, I am not an attorney either. Although our backgrounds are somewhat varied, we both have experience teaching in the public schools.
General criteria for the Justice of the Peace decisions related to Class C misdemeanors are normally based on “common sense,” rather than a background in law in the People’s Court,” although it is obviously a plus, not a mandate.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist. His columns "Ask the Judge" can be read in La Prensa every Sunday, monthly in the Von Ormy Star, occasionally in the Helotes Echo and is a guest columnist in the San Antonio Jewish Journal related to Jewish issues.
By Judge Steve Walker
Ever wonder where Justices of the Peace originated? They actually go back to 1195 when King Richard the Lionhearted of England commissioned certain knights to preserve the peace in unruly areas of the country.
Those knights were responsible to the king for ensuring that the law of the land was upheld. The term they used was “keepers of the peace.”
An act approved in 1327 had actually referred to "good and lawful men" to be appointed in every county in the land to "guard the peace."
At that time they were referred to as “conservators of the peace” or wardens of the peace. The actual title "Justice of the Peace" derives from 1361, in the reign of King Edward III.
Justices of the Peace still use the power conferred or re-conferred on them in 1361 to contain unruly people and encourage them to behave. It was designated to serve as a preventative measure, intended to ensure that people thought likely to offend would not do so.
The Justices of the Peace conducted arraignments in all criminal cases, and tried misdemeanors and infractions and local ordinances as we do to this day.
Now let’s fast forward to the present. In Texas each county in the State of Texas is required (by the State Constitution-1836) to have between one and eight Justices of the Peace--depending on population. Also, and again, dependent upon population, each Texas precinct is required to have either one or two Justice of the Peace Courts. Texas currently has 828 such courts.
Under Section 12 of the 1836 Texas Constitution: “There shall be appointed, for each county, a convenient number of Justices of the Peace….to be elected by the qualified voters of the district or county, as Congress may direct.”
JPs are elected every four years and the terms around the state are staggered so as not to force 828 Justices of the Peace to stand for election at the same time for continuities sake. Texan Justices of the Peace have jurisdiction over Class C misdemeanor criminal cases, and minor civil matters.
They may also issue arrests or warrants, and may act as the coroner for counties that do not have a medical examiner. Justice of the Peace Courts may also function as small-claims courts. In Bexar County, like all other jurisdictions, Justices of the Peace dockets include truancy, disorderly students, minors in possession, evictions, and small claims not to exceed 10-thousand dollars (a.k.a. Judge Judy court) and traffic related citations.
In Bexar County we have six Justices of the Peace with two in Precinct 2, two in Precinct 1 and one each in Precinct 3 & 4. Justice of the Peace Rogelio Lopez presides in Pct. 4, Judge Keith Baker presides in Pct. 3, Judges Edmundo Zaragoza & Monica Caballero preside in Pct. 1 and Judges Bill Donovan and me, preside in Pct. 2.
Bexar County JPs do not perform inquests since we have medical examiners available. In the rural areas JPs routinely rotate that duty with other nearby Justices of the Peace in bordering jurisdictions so they are not overwhelmed by the constant calls in the middle of the night to declare someone officially dead.
While magistrate duties are also part of the Justice of the Peace jurisdiction, in Bexar County Judge Monica Caballero from Pct. 1 normally handles that duty since her court is located in the downtown area and the various constable’s deputies are able to transport defendants to the central location.
Unlike most judges, Justices of the Peace are not required to be attorneys under the Texas Constitution of 1836. Of the 828 current Texas JPs, over 750 JPs are not attorneys to include two in Bexar County.
Precinct 1 Justice of the Peace Edmundo Zaragoza is not an attorney and as Justice of the Peace, Pct. 2, I am not an attorney either. Although our backgrounds are somewhat varied, we both have experience teaching in the public schools.
General criteria for the Justice of the Peace decisions related to Class C misdemeanors are normally based on “common sense,” rather than a background in law in the People’s Court,” although it is obviously a plus, not a mandate.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist. His columns "Ask the Judge" can be read in La Prensa every Sunday, monthly in the Von Ormy Star, occasionally in the Helotes Echo and is a guest columnist in the San Antonio Jewish Journal related to Jewish issues.
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