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 Virginia, justices of the peace are not a prominent feature of the current legal system as they are in some other states. Instead, Virginia has a system of General District Courts that handle many of the matters that justices of the peace would in other jurisdictions. General District Courts in Virginia have jurisdiction over civil cases involving amounts up to $25,000, including small claims cases for amounts up to $5,000. They also handle preliminary hearings in felony cases, traffic infractions, and misdemeanor offenses. The criminal workload of these courts includes issuing warrants, setting bail, and conducting trials for misdemeanors and traffic offenses. Additionally, Virginia has Juvenile and Domestic Relations District Courts that deal with matters involving juveniles and family issues, such as compulsory school attendance and certain juvenile warnings. While Virginia magistrates may perform some functions similar to those of justices of the peace, such as issuing warrants and conducting bond hearings, they do not preside over trials. Marriages in Virginia can be performed by judges, authorized ministers, and other persons authorized by the court.