What does a Justice of the Peace do and what is a Constable’s Job?

Justices

  • A Justice of the Peace in Louisiana is a locally elected, part-time judge presiding over small claims civil cases (up to $5000), evictions, and minor disputes. They act as authorized officiants for marriage ceremonies, function as ex-officio notaries for movable property, and act as committing magistrates to set bail or issue peace bonds.
  • Key Responsibilities and Jurisdiction
    • Civil Small Claims: Handle disputes, including contracts, debt collection, and evictions, where the amount in controversy is $5000 or less.
    • Marriage Ceremonies: Authorized to perform weddings.
    • Notary Services: Serve as ex-officio Notaries Public, notarizing documents for movable property like car titles, bills of sale, and donations.
    • Criminal Magistrate Duties: Issue search warrants, arrest warrants, and peace bonds. They do not hold trials for felony cases.
    • Mediation: Conduct informal hearings and attempt to resolve issues between neighbors or businesses.
  • Limitations
    • No Real Estate Title Disputes: Cannot hear cases involving the title to real estate, divorces, or lawsuits against government bodies.
    • Monetary Cap: Civil jurisdiction is limited to a maximum of $5000.
  • Process
    • Informal Procedures: Trials are generally informal, allowing for simplified, fast-paced resolution without strict legal formalities.
    • Constable Pairing: Each justice is paired with a constable who serves as the court’s law enforcement officer, serving summons and enforcing judgments.
    • Justices of the peace are elected to six-year terms and operate largely within their local wards or districts.

Constables

  • In Louisiana, a constable is an elected law enforcement official for justice of the peace courts (or city courts) who serves as the judicial enforcement arm. They primarily serve civil process documents (subpoenas, evictions), act as bailiffs, and carry full arrest powers, often serving as the enforcing body for court orders.
  • Key Duties and Responsibilities in Louisiana:
    • Civil Process Server: Serving legal papers such as evictions (rule for possession), garnishments, and subpoenas.
    • Enforcement Arm: Acting as the enforcing officer for the City Courts or Justice of the Peace courts, including executing court orders.
    • Bailiff Duties: Maintaining order in courtrooms.
    • Law Enforcement: Deputy constables can be fully trained and authorized to carry weapons and make arrests.
    • Appointment Authority: Constables are authorized to appoint deputy constables to assist with duties.
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  1. Information contained within was taken from the Louisiana Legislature, and Libguides. This is for general information only and may not include all of the duties and responsibilities of the respective elected positions. ↩︎