Justice of the peace: court for the people

Domestic problems and evictions can be dangerous, even deadly, for the peace officers called to settle or oversee these emotion-charged events.
Particularly in rural areas, these functions are performed by some of the least understood segments of law enforcement and the judiciary: Justices of the peace, or J.P.s, and constables. These officers of the court, the closest of all officials to the people they serve, sometimes pay a high price for their involvement in these troublesome cases.
Surprisingly, J.P.s and constables make up the greatest number of elected officials in Louisiana, with a combined total of more than 400 in the state. They do a lot more than perform weddings, probably their best-known function.
The offices of J.P. and constable both came to this country with the pilgrims, and they were the most powerful officials in the colonies. In the 19th century, when the higher judiciary system became established throughout the country, the role of the J.P. became more one of keeping the peace rather than punishing the guilty. They have always been selected from the local population under their jurisdiction.
Today, the nature of these offices is highly variable and usually subject to the judgement of the state supreme court. In Louisiana their full slate of duties include, yes, weddings, but also conflict resolution, serving papers, administering oaths, evictions, seizures of property, and they are sometimes given a role in preliminary hearings for more serious crimes. Often, in small towns, this team of officials, one J.P. and one constable, conducts court hearings without backup, sometimes with a roomful of angry participants in a conflict that is already out of hand.
A common tool of J.P.s is the “peace bond” to try to defuse personal conflicts. Peace bonds are sums of money which are ordered to be paid to the court by combatants to ensure a change in behavior. The J.P. has the authority to require up to $1,000 in bond, which is refunded after a stated period of time if the requirements of the bond are met. More often, just the threat of a bond is enough to cause the parties to behave properly.
There are major differences in taking a case to justice court as opposed to higher courts. It usually does not involve waiting for hours as a room full of other cases are heard and filers do not pay nearly as much in fees. More importantly, though, J.P.s and constables now, as in the past, focus on heading off problems before they reach the level of criminal charges or escalating conflict. It has more to do with talking people out of rash actions, minimizing damage, and keeping the peace from a place inside the community.
This has been the idea from the beginning and it still seems to represent a logical first step in conflict resolution. It is cheaper, quicker, and causes less trouble to everyone involved compared to other legal options.

NEXT: YOUR J.P. COURT