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 West Virginia, Justices of the Peace were largely replaced by Magistrate Courts after a judicial reform in the 1970s. Magistrates in West Virginia handle many of the duties that were traditionally associated with Justices of the Peace. They preside over cases involving civil claims with a monetary value up to $10,000, including small claims, landlord-tenant disputes, and minor personal injury cases. Magistrates also handle certain criminal matters, such as misdemeanor cases that do not require a grand jury indictment. They can issue arrest and search warrants, set bail, and conduct preliminary examinations to determine if there is probable cause in felony cases. Additionally, magistrates have the authority to perform marriage ceremonies. The specific procedures and jurisdictional limits are governed by state statutes and rules of the West Virginia Supreme Court of Appeals. It's important to note that the role of a magistrate or justice of the peace can vary significantly from state to state, and the information provided here is specific to West Virginia.