Eric E. Whisman

In counties with a magisterial form of fiscal court, the most important function of the justice of the peace or magistrate is service on the fiscal court. The terms justice of the peace and magistrate are synonymous (OAG 85-30). However, the office of justice of the peace or magistrate, unlike that of county commissioner, is a constitutionally required office that must be filled regardless of the form of the fiscal court. Although the constitution mandates their election, justices in counties with a commissioner form of fiscal court have few duties. Before 1978, magistrates possessed important judicial duties, but the Judicial Amendment to the constitution abolished the magisterial courts and stripped magistrates of their judicial duties. In counties with a county commissioner form of fiscal court, magistrates' few remaining duties include the solemnization of marriages and the acceptance of applications for notaries public. Justices of the peace or magistrates may perform marriages if so authorized by the governor or the county judge/executive.