The main duty of a Massachusetts Justice of the Peace is to solemnize marriages. They can, however, be asked to perform certain other specific duties. All of this is explored in more detail below, along with details about how someone becomes a JP in the Commonwealth and what they need to know.
A JP is appointed by the Governor, with the Executive Council's advice and consent, for a seven year term. They can only be appointed for the municipality which includes their own residence. However, JPs can perform marriages anywhere in the Commonwealth.
The Governor may appoint one JP per 5,000 people in a community. Applications will only be accepted from those who are active in community matters and have a demonstrably good moral character. Prospective applicants need to have the application signed by a minimum of five prominent and upstanding members of the community. JPs must also know the laws and regulations associated with their duties and conduct.
Apart from solemnizing marriages, they may be required to administer oaths of office required by law and take acknowledgements similar to a notary public. They may also administer written interrogatories for taking depositions. The fees that can be charged by a JP for each of these non-marital functions are clearly defined under the Constitution of the Commonwealth of Massachusetts.
The allowed maximum fee for solemnizing a marriage is $100 if the wedding ceremony is in the same municipality as the JP. If called to other municipalities, they can ask for a maximum of $150. These fees are not inclusive of additional charges applicable for a rehearsal, prenuptial counseling session and other add-on services the couple may ask for.
JPs normally travel on their own to the place where the ceremony is to be conducted. There is no requirement that any specific words have to be used to solemnize marriages. Both parties to the wedding must clearly state they accept the other as a spouse, and the JP then announces the marriage to be legal in his or her capacity as authorized by the Commonwealth of Massachusetts.
There are certain delicate aspects that need to be touched on here. For instance, JPs are not allowed to advertise their availability for marriages. Unlike other service providers, they cannot place advertisements in newspapers, magazines and other publications. However, finding a JP is not hard because the official database maintained by the Secretary of State's Office can be searched online to get hold of a list of JPs in a specific town, city or region.
Another prickly issue for JPs is that the law forbids them from refusing to solemnize marriages, unless it is the law itself that stops the couple from getting married. Many couples also make the mistake of expecting the Massachusetts Justice of the Peace to provide the marriage license. This only works if the clerk at the city or town hall is also the JP. Even if this is true, there will be a mandatory three-day waiting period before the clerk can issue the marriage license.
A JP is appointed by the Governor, with the Executive Council's advice and consent, for a seven year term. They can only be appointed for the municipality which includes their own residence. However, JPs can perform marriages anywhere in the Commonwealth.
The Governor may appoint one JP per 5,000 people in a community. Applications will only be accepted from those who are active in community matters and have a demonstrably good moral character. Prospective applicants need to have the application signed by a minimum of five prominent and upstanding members of the community. JPs must also know the laws and regulations associated with their duties and conduct.
Apart from solemnizing marriages, they may be required to administer oaths of office required by law and take acknowledgements similar to a notary public. They may also administer written interrogatories for taking depositions. The fees that can be charged by a JP for each of these non-marital functions are clearly defined under the Constitution of the Commonwealth of Massachusetts.
The allowed maximum fee for solemnizing a marriage is $100 if the wedding ceremony is in the same municipality as the JP. If called to other municipalities, they can ask for a maximum of $150. These fees are not inclusive of additional charges applicable for a rehearsal, prenuptial counseling session and other add-on services the couple may ask for.
JPs normally travel on their own to the place where the ceremony is to be conducted. There is no requirement that any specific words have to be used to solemnize marriages. Both parties to the wedding must clearly state they accept the other as a spouse, and the JP then announces the marriage to be legal in his or her capacity as authorized by the Commonwealth of Massachusetts.
There are certain delicate aspects that need to be touched on here. For instance, JPs are not allowed to advertise their availability for marriages. Unlike other service providers, they cannot place advertisements in newspapers, magazines and other publications. However, finding a JP is not hard because the official database maintained by the Secretary of State's Office can be searched online to get hold of a list of JPs in a specific town, city or region.
Another prickly issue for JPs is that the law forbids them from refusing to solemnize marriages, unless it is the law itself that stops the couple from getting married. Many couples also make the mistake of expecting the Massachusetts Justice of the Peace to provide the marriage license. This only works if the clerk at the city or town hall is also the JP. Even if this is true, there will be a mandatory three-day waiting period before the clerk can issue the marriage license.
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