Become a Justice of the Peace in Massachusetts

A justice of the peace fulfills an important role in the community by solemnizing marriages and administrating oaths. In Massachusetts, becoming a justice of the peace is rather simple. There are no educational or professional requirements. Just fill out the application and turn it in. If you are approved, take the oath at the State House before starting your new duties.

Steps

Applying for the Position

  1. Check for vacancies in your town. Massachusetts limits the number of justices of the peace for each municipality. Call the Public Records Division in the Secretary of State’s Office at 617-727-2836 to see if there are any vacancies open in your area.[1]
    • There can be 1 justice for each municipality, plus 1 for every 5,000 people who live in that municipality. For example, a municipality with 20,000 residents can have 5 justices: 1 for the municipality and 4 for the population.
    • You cannot apply to be a justice of the peace in a different municipality than where you reside.
  2. Fill out the application. Download and print out the application from the state's website. Write down your name, age, address, occupation, and other identifying details. Find the application here: https://www.mass.gov/files/Application%20for%20Justice%20of%20the%20Peace.pdf.[2]
    • Anyone 18 or older can apply to be a justice of the peace.
  3. Describe briefly why you want to be a justice of the peace. At the beginning of the application, state why you want to be a justice of the peace in the 5 lines given. Keep it brief. Do not go over the allotted space. Some good reasons to become a justice of the peace include:[3]
    • You would like to perform marriages.
    • There is a need for justices in your community.
    • You would like to give back to your community.
  4. Disclose any convictions or revoked professional licenses. If you have ever been convicted of a crime or have had a professional license revoked, provide a short summary of the case. Either write a brief 2-3 sentence summary in the space provided or attach a longer summary on a separate sheet.[4]
    • Explaining in detail the circumstances of the conviction may help your application. Make sure to describe any community service, rehabilitation, or therapy you have done since then.
    • The severity of the crime determines how much the conviction might affect your application. For example, felonies may severely hurt your application while misdemeanors may have no effect.
  5. Include any other information that might affect your application. There is a section on the form that allows you to disclose any conflicts of interest, qualifications, or relationships that may increase or decrease your eligibility. You might mention:[5]
    • If you have any familial or personal relationships with government employees.
    • If you held any political offices in the past.
    • If you were a justice of the peace in a different state.
    • If you are working for any wedding planning companies.
  6. Ask 4 people to sign your application. Each person needs to sign the bottom of the application. Next to their signature, have them write their address and phone number. This signature asserts that they support your application to become a justice of the peace.[6]
    • Of these signatures, 1 needs to be from the same person writing your letter of recommendation.
    • The other 3 signatures can be from anyone residing in your town or municipality over the age of 18, including relatives, employers, and friends.
  7. Ask 1 person to write a letter of recommendation. Find a trusted and respected person to write the recommendation on your behalf. You might ask your employer, community leader, mayor, or spiritual leader for a recommendation. The recommendation letter should only be 1 page long.[7]
    • Whoever writes your recommendation must also sign your application form. They should be over the age of 18.
    • In the recommendation, the person should describe your character and why you would make a good justice of the peace.
    • Do not ask the person to mail the recommendation separately. Include the letter with your application.
  8. Attach a resume. While there are no educational or professional requirements for a justice of the peace, you do need to provide your resume. Emphasize any volunteering in your community or employment with the town government. Experience in law, civil service, politics, or event planning can strengthen your application.[8]
    • Make sure to note your education background. A bachelor's degree, while not required, may improve your chances.
  9. Mail the application to the Executive Council State House. Gather all of your documents, including your application, resume, and letter of recommendation. There is no application fee for becoming a justice of the peace. The address is:[9]
    • Executive Council State House
      Room 184
      Boston, MA 02133

Accepting the Position

  1. Travel to the State House after you receive your letter of appointment. It can take several weeks for your application to be approved. If it is, you must take the oath of office within three months of the date of your appointment. You may pay the required $75 fee and take the oath Monday through Friday, from 8:45 am to 5:00 pm without appointment at the Office of the Secretary of the Commonwealth in Boston.[10]
    • If you cannot travel to Boston, you may mail the $75 fee and will receive by mail your Commission document and a list of Commissioners to Qualify Public Officers in your area.
    • If you are rejected, you will be notified by mail. Since there are a limited number of spots, it is likely that they chose someone else, but you can reapply. Try again next year or next time a vacancy occurs.
  2. Take the oath of office. Promise to uphold the laws and constitution of the Commonwealth of Massachusetts as you recite the oath. This oath may be given by a clerk or another justice of the peace.[11]
  3. Join the Massachusetts Justice of the Peace Association (MJPA) for networking. While membership is optional, the MJPA can help you advertise your services as a justice of the peace. It also offers seminars, news, and training related to various responsibilities of a justice of the peace.[12]
  4. Reapply to become a justice of the peace after 7 years. In Massachusetts, terms for justices last 7 years. After this period, reapply for the position, using the same process as before. Reapply before your term expires.[13]
    • Since there are a limited number of spots, you may be rejected if the State House decides on another candidate. This is unusual, however.

Performing Your Duties

  1. Solemnize marriages. Performing marriages is a large part of your duty. You will be in charge of both witnessing the couple sign their marriage certificate and giving them their vows. There is no official format for the vows, but both parties must verbally state their consent to the marriage.[14]
    • You may only charge $100 for a marriage in your municipality and $150 for a marriage elsewhere in the state. That said, you may also charge additional fees for travel, marriage counseling, and other services.
    • In Massachusetts, a justice of the peace may not refuse to marry a couple because of their religion or sexual orientation.
  2. Take oaths from town employees. Occasionally, you may be asked to administer oaths to town clerks, commissioners, police officers, and other town employees. Read the oath to the person and ask them to repeat after you.[15]
    • The oaths are almost always prewritten and will be given to you ahead of time.
    • You can charge only 25 cents for administering an oath.
  3. Record depositions. If requested by a court, Take a Deposition for legal cases. In most cases, the court will provide a written document that you must record as the person testifies.[16]
    • The fees for the deposition are set by law. If you take a deposition, you can charge 50 cents. For each page of the deposition that you write, charge 12 cents.

Tips

References

  1. ↑ https://www.mass.gov/how-to/apply-to-become-a-justice-of-the-peace
  2. ↑ https://www.mass.gov/how-to/apply-to-become-a-justice-of-the-peace
  3. ↑ https://www.mass.gov/files/Application%20for%20Justice%20of%20the%20Peace.pdf
  4. ↑ https://www.mass.gov/files/Application%20for%20Justice%20of%20the%20Peace.pdf
  5. ↑ https://www.mass.gov/files/2017-06/Application%20for%20Justice%20of%20the%20Peace.pdf
  6. ↑ https://www.mass.gov/files/Application%20for%20Justice%20of%20the%20Peace.pdf
  7. ↑ https://www.mass.gov/how-to/apply-to-become-a-justice-of-the-peace
  8. ↑ https://www.mass.gov/how-to/apply-to-become-a-justice-of-the-peace
  9. ↑ https://www.mass.gov/how-to/apply-to-become-a-justice-of-the-peace
  10. ↑ https://www.mjpa.org/Becoming-a-Massachusetts-Justice-of-the-Peace
  11. ↑ https://www.mjpa.org/Becoming-a-Massachusetts-Justice-of-the-Peace
  12. ↑ https://www.mjpa.org/
  13. ↑ https://www.mass.gov/how-to/apply-to-become-a-justice-of-the-peace
  14. ↑ https://www.mass.gov/service-details/summary-of-duties-for-a-justice-of-the-peace
  15. ↑ https://www.mass.gov/service-details/summary-of-duties-for-a-justice-of-the-peace
  16. ↑ https://www.mass.gov/service-details/summary-of-duties-for-a-justice-of-the-peace

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