History of the Justice of the Peace Court
As early as the 1600's, Justices of the Peace
were commissioned to handle minor civil and criminal cases. Along with a
host of other duties, the administering of local government in the 17th
and 18th Centuries on behalf of the English Crown was a primary duty of
the Justices of the Peace. With the adoption of the State Constitution of
1792, the Justices of the Peace were stripped of their general administrative
duties leaving them with minor civil and criminal jurisdiction. During the
period, 1792 through 1964, the Justices of the Peace were compensated entirely
by the costs and fees assessed and collected for the performance of their
legal duties.
In 1965, under the leadership of
Governor Charles Terry, Jr., the Justice of the Peace Court System was
reformed. No longer would the Magistrates keep any part of the costs and
fees as they had for the previous 120 years. The Courts were brought into
the State Court System to be administered by the Chief Justice of the
Supreme Court. In 1980, a Chief Magistrate, who is a member of the Delaware
Bar Association, was appointed to act for the Chief Justice in the affairs
of the Justice of the Peace Courts.
The Justice of the Peace Court System
currently employs 241 personnel, has 19 Courts which process cases at
15 different locations throughout the State. The court has jurisdiction
over civil cases in which the amount in controversy does not exceed $15,000.
Justice of the Peace Courts are also authorized to hear certain misdemeanors
and most motor vehicle cases (excluding felonies) and may act as committing
magistrates for all crimes.
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