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Kentucky Justices of the Peace

Published online by Cambridge University Press:  02 September 2013

J. W. Manning
Affiliation:
University of Kentucky

Extract

The justice of the peace is one of the most important public officials in Kentucky. He is an officer whose election, compensation, term, and qualifications are set forth in the constitution. He is both a judicial and an administrative officer, presiding over his own court for the trial of petty civil and criminal cases, and serving as a member of the fiscal court, or county board. County judicial, legislative, and administrative functions are rolled into one in the person of the justice of the peace. In this respect, the county system of government in Kentucky has a striking resemblance to the English county of the thirteenth century.

The Kentucky fiscal court is normally a body consisting of the justices of the peace in a county together with the county judge, and having the usual powers conferred upon boards of county commissioners or supervisors in the other states. The constitution provides that each county shall be divided into districts in such manner as the general assembly may direct, and that in each district one justice of the peace shall be elected, with the further requirement that no county shall have fewer than three nor more than eight districts. But in addition, the constitution provides that a county may have a fiscal court composed of three commissioners, elected at large from the county, and the county judge.

Type
Rural Local Government
Copyright
Copyright © American Political Science Association 1933

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References

1 Constitution of Kentucky (1891), sees. 99, 100, 106, 142.

2 Ibid., sec. 144. It should be noted, however, that the justices of the peace compose the fiscal board of the county in Tennessee and Arkansas also. Indeed, these two states, together with Kentucky, are the only ones in which this thirteenth-century English fiscal group is retained.

3 Constitution of Kentucky (1891), sec. 142.

4 Ibid., sec. 144.

5 Carroll, , Kentucky Statutes, 1922Google Scholar, sec. 1847.

6 See “The Government of Kentucky”, Vol. I, p. 572, Report of Efficiency Commission of Kentucky, 1924.

7 “Magistrate Bill is Passed,” Louisville, Courier-Journal, January 21, 1932Google Scholar.

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