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 law allows for one JP/5,000 residents within the municipal limit. Only those with a good moral standing can apply, and they are required to be active in issues involving the community. This has to be demonstrated by getting five signatures from prominent members in the community in support of the application. Applicants are also required to be familiar with all the laws and responsibilities associated with their designation as a JP.
In addition to weddings, they may be called upon to take acknowledgements. This is something which is usually done by a notary public. JPs can also be required to take depositions by administering written interrogatories, and they can be asked to administer oaths to office-holders if this is required under the rules of said office. They can charge fees for performing these duties, but the maximum amount they can ask for is specifically defined in the Commonwealth's Constitution.
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.
Most JPs are happy to travel on their own dime to the place where the ceremony is to be held. The Commonwealth does not specify any words that are required to be used during the ceremony in order to make a marriage legal. All that is needed is for both parties to agree to take each other as marital spouses, and for the JP to announce that they are now married under the authority provided to the JP by the Commonwealth.
All this is easy enough, but many often trip up over other regulations. For example, they are not allowed to place advertisements about their services in publications such as newspapers and magazines. That doesn't mean it's hard to find them, because the database maintained by the MA Sec. Of State can be searched online to locate a JP in a specific city or town.
A Massachusetts Justice of the Peace cannot refuse to perform a marriage if asked to do so, unless the couple in question is prohibited by law from getting married. Note that justices do not issue the marriage license. It must be applied for three days beforehand with the clerk in the city or town hall as per the marriage laws of the Commonwealth. The process becomes much easier in cases where the clerk doubles as the local JP.
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 law allows for one JP/5,000 residents within the municipal limit. Only those with a good moral standing can apply, and they are required to be active in issues involving the community. This has to be demonstrated by getting five signatures from prominent members in the community in support of the application. Applicants are also required to be familiar with all the laws and responsibilities associated with their designation as a JP.
In addition to weddings, they may be called upon to take acknowledgements. This is something which is usually done by a notary public. JPs can also be required to take depositions by administering written interrogatories, and they can be asked to administer oaths to office-holders if this is required under the rules of said office. They can charge fees for performing these duties, but the maximum amount they can ask for is specifically defined in the Commonwealth's Constitution.
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.
Most JPs are happy to travel on their own dime to the place where the ceremony is to be held. The Commonwealth does not specify any words that are required to be used during the ceremony in order to make a marriage legal. All that is needed is for both parties to agree to take each other as marital spouses, and for the JP to announce that they are now married under the authority provided to the JP by the Commonwealth.
All this is easy enough, but many often trip up over other regulations. For example, they are not allowed to place advertisements about their services in publications such as newspapers and magazines. That doesn't mean it's hard to find them, because the database maintained by the MA Sec. Of State can be searched online to locate a JP in a specific city or town.
A Massachusetts Justice of the Peace cannot refuse to perform a marriage if asked to do so, unless the couple in question is prohibited by law from getting married. Note that justices do not issue the marriage license. It must be applied for three days beforehand with the clerk in the city or town hall as per the marriage laws of the Commonwealth. The process becomes much easier in cases where the clerk doubles as the local JP.
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