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One delightful power of a justice of the peace is the authority to perform marriages. 18 V.S.A. § 5144(a).

For this purpose, your jurisdiction is not limited to the town or county, and you may perform marriages anywhere within the boundaries of the State of Vermont. You also may, of course, choose not to perform marriages at all, since it is a discretionary duty.

Before the ceremony, one of the parties to the proposed marriage must have applied to the clerk of the municipality where either the groom or bride resides or, if neither is a resident of the state, from the office of the clerk of a town in the county where the marriage is to be solemnized. The application must be signed by one of the parties to the proposed marriage.

The marriage license must then be delivered to one of the parties within 60 days of the ceremony. If the marriage ceremony is delayed for more than 60 days, a new license must be issued.

As the official who solemnizes marriage, you must fill out a part of this form and return it to the town clerk within 10 days of the ceremony. 18 V.S.A. § 5131. Make sure you sign your name and your office as justice of the peace. Vermont law no longer requires a medical certificate or a waiting period. 18 V.S.A. § 5145.

State law is silent on the mechanics of wedding ceremonies, whether of a civil or religious nature. Some authorities say that a minimum ceremony could be as short as the justice saying, "By the authority vested in me by the State of Vermont, I now pronounce you husband and wife," or some variant of that phrase.

For those wishing a little more formal civil ceremony, we recommend the following:

JUSTICE OF THE PEACE: We are here to join this man and woman in marriage. (Then, to each in turn, giving names as appropriate): Will you ____ have ____ to be your [husband/wife]?

RESPONSE: I will.

JUSTICE OF THE PEACE (to each in turn, giving names as appropriate): Then repeat after me: "I ____ take you ____ to be my [husband/wife], to have and to hold from this day on, for better, for worse, for richer, for poorer, to love and to cherish forever."

(If rings are used, each in turn then says, as the ring is put on): "With this ring I thee wed."

JUSTICE OF THE PEACE: By the power vested in me by the State of Vermont, I now pronounce you husband and wife.

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ADMINISTRATION OF OATHS: The law says a justice of the peace may administer oaths in all cases where an oath is required, unless a different provision is made by law. 12 V.S.A. § 5854.

This may include the administration of the voter's oath, oaths of office, the oath for members of the board of civil authority hearing tax appeals, or other oaths, but not including "oaths necessary to be taken for the establishment of truth or the furtherance of justice in any matter coming before such court, board or commission for investigation." 12 V.S.A. § 5853.

Remember that in cases where an oath can be given, affirmation is permitted, replacing the word "swear" with "affirm," and "so help me God" with "under the pains and penalties of perjury." For every purpose of privilege, qualification or liability, affirmation is sufficient as having been duly sworn. 12 V.S.A. § 5854.

This authority does not, however, endow a justice of the peace with all the acknowledgement powers of a notary public. 24 V.S.A. § 441.

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JUDICIAL POWERS: In 1974, the judicial authority of justices of the peace was eliminated by the General Assembly, but the Vermont Constitution (Chapter II, Section 52) does permit the Supreme Court to commission justices of the peace to serve as magistrates. This would be an unusual event, one that would occur only in extraordinary cases.

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COMPENSATION: For delivering absentee ballots as a justice, the law permits the board of civil authority itself to fix the compensation of justices and the town is then obligated to pay you that amount. 17 V.S.A. § 2538(a).

For other compensation, you must look to the voters or, if they have not appropriated funds, to the selectmen in their discretion. For performing marriages, it is traditional for the parties to offer some compensation to a justice of the peace. This is a matter between you and the parties, however; state law is silent on the subject.

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FINAL WORD: Any office that includes the word "justice" in the title requires a certain commitment to procedure, legal authority, and fairness in making decisions. Use your authority as a JP carefully, "without fear or favor of any person," and with integrity.

Honor the office by keeping your personal interests and concerns to yourself and apart from your actions as a JP.

Know what you can do, by law, and do no more than that, and you will have done your duty as a Vermont Justice of the Peace.

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