Frequent questions

WHAT IS A JUSTICE OF THE PEACE

01. What is Justice of the Peace?

In Arizona, a justice of the peace (JP) is a judicial officer (judge) elected to a four-year term. A justice of the peace has the power to summarily (based only on his/her decision & without a jury) decide cases of local administrative code, civil cases of up to $10,000 and criminal misdemeanors punishable with up to 6 months in jail.

02. Does a Justice of the Peace need a law degree?

A lot has changed in our society since the office of Justice of the Peace was created in the early 1900s, but the office itself has not changed much. For example, Arizona continues to be in the minority number of states that still do not require judges who hand down jail sentences to be licensed attorneys. It was not until 1990 that the monetary jurisdiction limit was increased from $2500 to $10,000, and in 2004 the law was changed to require all pro-tem (temporary) justices of the peace to be attorneys.

I firmly believe that the traditional idea that it suffices for a justice of the peace to be well-informed citizen, though not necessarily versed in the knowledge of the law, is one that is outdated and needs to be re-examined. As a practicing attorney, and particularly as criminal law and procedure has grown in complexity and breadth, the assurance of due process to everyone is one of great significance to me.

03. What is the JP's criminal jurisdiction?

Contrary to popular belief Justices of the Peace do not just handle neighbor complaints and perform marriages. In fact, a Justice of the Peace wields significant punitive authority and is not under much oversight. Experience in criminal law and procedure should be a requirement of anyone running for this position. I am the only candidate that has this experience! Some justices of the peace conduct preliminary hearings on felonies.   All justice courts hear every type of crime that is a misdemeanor under state law, including Assault and Battery, DUI (Including Extreme DUI), Bad Checks, Violations of Orders of Protection or Injunctions Against Harassment, Underage Drinking.

04. What is the JP's civil juristiction?

Justice courts hear lawsuits when the amount in dispute is $10,000 or less, including Eviction Actions and Landlord & Tenant Disputes, Collection Cases, Consumer Complaints Against Businesses, Negligence Actions, (e.g. Motor Vehicle Accidents), and Breach of Contract Case. Justice courts also hear small claims cases. In those cases, the amount in dispute is $3,500 or less. Small claims cases are much more informal than a regular courtroom proceeding and usually do not involve attorneys. There is no appeal from a small claims decision!

05. Do JP's officiate weddings?

Yes. Additionally, Federal law made same-sex marriages legal in Arizona. However, some judges who do not support gay marriage often conveniently have a "full calendar" or are "booked" or may just "be out" for the day. I will gladly officiate your wedding ceremony!

06. Do JP's handle evictions?

Yes. The AZ landlord-tenant act was updated in January 2018. Whereas most large and medium-size landlord companies are represented by experienced attorneys, the majority of tenants involved in eviction actions are self-represented and do not have the means to hire legal counsel. Tenants are expected to know the law and the rules of procedure and go "toe-to-toe" with the landlord's experienced attorneys. I will ensure that the law and rules are followed to ensure justice is served!