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 Oklahoma, justices of the peace are not a part of the current judicial system. Oklahoma does not have justices of the peace; instead, the state has district courts, municipal courts, and various administrative tribunals that handle the types of cases and duties described. Small claims matters are typically handled by small claims divisions of district courts, where individuals can resolve minor civil disputes involving limited amounts of money. Evictions and other civil matters are also handled by district courts, while municipal courts deal with traffic citations and other minor offenses. Administrative hearings may be conducted by various state agencies or administrative law judges depending on the matter at hand. Criminal misdemeanors are generally prosecuted in district or municipal courts, where district attorneys or city attorneys represent the state. Duties such as presiding over certain hearings, issuing warrants, and conducting trials for compulsory school attendance are typically within the purview of district or specialized courts. Marriage ceremonies can be performed by judges, retired judges, and ordained or authorized religious officials. It's important to note that the specific procedures and jurisdictional limits can vary, and an attorney can provide guidance on the appropriate venue and process for each type of case in Oklahoma.