History of Magistrates

Here is a brief history of the magistrate in Kentucky government. Facts were taken from the Legislative Research Commission's publication, 'Duties of Elected County Officials.' I have included a link to this information on the Links page.

The office of magistrate, often called justice of the peace, dates back to Medieval England, from the reign of King Edward III in the early 14th century.

Justices of the peace were appointed to keep the peace and try felonies and trespasses. They were a very important agency in the administration of local affairs in England. Their duties related to support of the poor, repair of roads, and levying of parochial rates.

The office was established in America by the English colonists as part of our early legal system and is presently provided for in most states by constitution or statute. However, the importance and authority of the office has greatly declined.

The office was established by Kentucky when it was still a part of Virginia. After Kentucky achieved statehood in 1792, it continued the practice of appointing justices of the peace.

The third Kentucky constitution made the office elective. Our current constitution requires that each county have a fiscal court made up by a county judge and three to eight justices of the peace, or a county judge and three county commissioners. Magistrates are elected by district and commissioners are elected by the county at large. Counties with magistrates far outnumber counties with commissioners.

The most important function of a magistrate is service on the fiscal court.

After 1978, magistrates were stripped from their judicial duties. Outside the fiscal court, they have very few duties, except they may marry couples with the consent of the Governor or county judge and they may take applications for notary public.

Go to the Links page for a link to this and more valuable and interesting information about the duties of all elected county officials.

If you would like a magistrate that will work hard everyday for you and your family, then Vote Greg Davidson, Independent candidate for Magistrate in District 3.