Justices of the peace are judges who handle both civil and criminal cases, including small claims court, justice court, and administrative hearings. In practical terms, these are lawsuits over debts, evictions, car accidents, unlawful towing, and property.
Their criminal workload involves disposing of all class C criminal misdemeanor complaints, such as traffic citations, issuance of bad check, and others. These cases involve payment, setting contested cases for trial, and pretrial hearings with the county prosecutor.
Other duties include presiding over peace bond hearings, reviewing applications for mental health or chemically dependent commitments, conducting compulsory school attendance trials, and giving warnings to juveniles required by law. They issue warrants for and conduct hearings concerning seizure and disposition of cruelly treated animals. Most justices of the peace perform marriage ceremonies as well.
In North Dakota, justices of the peace are not a part of the current judicial system. The state has a unified court system, which includes the Supreme Court, District Courts, and Municipal Courts. Small claims matters, evictions, and other civil cases are typically handled by the District Courts or Municipal Courts, depending on the jurisdiction and the amount in controversy. Criminal misdemeanors are also dealt with by these courts, with District Courts handling more serious offenses and Municipal Courts dealing with violations such as traffic citations. Administrative hearings may be conducted by various agencies or by the District Courts, depending on the nature of the case. Duties such as presiding over peace bond hearings, reviewing applications for mental health commitments, and conducting compulsory school attendance trials would fall under the jurisdiction of the District Courts. In North Dakota, District Court judges or Municipal Court judges may perform marriage ceremonies. It is important to note that the specific procedures and jurisdictional limits can vary, and an attorney can provide guidance on the current laws and regulations applicable to these matters in North Dakota.