Could a retired Louisiana justice of the peace perform marriages after serving fewer than 18 years?

Plain-English summary

A justice of the peace asked whether someone who left office after fewer than 18 years could still perform marriages. The official opinion answered no. As the AG read the 2001 amendment to La. R.S. 9:203, a retired justice of the peace retained marriage-ceremony authority only after at least 18 years of service and registration under La. R.S. 9:204.

The amendment broadened eligibility in one respect: a qualifying justice could retain that authority after retirement even if they chose not to seek reelection. It did not reduce the 18-year service requirement. The opinion also tied the retained authority to the territorial limits in the statute.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was leaving office enough to keep officiating marriages?
No. The AG said a retired justice of the peace needed at least 18 years of service and the registration required by the amended statute.

Did choosing not to run again disqualify a justice who had served 18 years?
The opinion said the 2001 amendment extended eligibility to retired justices who met the service requirement, including those who chose not to seek reelection.

Could a qualifying retired justice perform ceremonies anywhere?
The opinion said the authority continued within the territorial limits in La. R.S. 9:203 and depended on registration under La. R.S. 9:204.

Background and statutory framework

The opinion compared an earlier version of La. R.S. 9:203 with the language enacted in the 2001 legislative session. The revised subsection C retained the 18-year threshold, allowed qualifying retired justices to keep performing ceremonies, and required registration under La. R.S. 9:204. The AG applied that text to the requester's less-than-18-year scenario.

Citations and references

• La. R.S. 9:203 (justice-of-the-peace marriage authority)
• La. R.S. 9:204 (registration requirement)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0012

Original opinion text

One American Place
301 Mare Street, Suite 600
DEPARTMENT OF JUSTICE
P~O Box 94005
CIVIL DIVISION
TEL. (225~342-7013
BATON ROUGE
FAX (225/ 342-2090

RICHARD P. IEYOUa
70804-9005
ATTORNEY GENERAL
OPINION NUMBER 02-012
FEB 0 5 2002
57 JUSTICES OF THE PEACE
Mr. John W. Bonner
Louisiana R S. 9.203
Attorney General Oplmon 99-419
Justice of the Peace
It is the opimon of th~s office that any retired Justice of the Peace
P. O. Box 101
who has served in office for at least e~ghteen years, has the authont
to perform marnage ceremonies, provided they register by La R.S Evans, Louisiana 70639 9.204

Dear Mr. Bonner:

Please be advised that the office of the Attorney General is in receipt of your letter wherein you asked whether a Justice of the Peace can retain the power to perform marriage ceremonies after serving less than eighteen years and refraining from seeking re-election.

Previous Attorney General Opinion 99-419 cites La. R.S. 9:203, which provides Justices of the Peace with the authority to perform marriage ceremonies, is as follows:

La. R.S. 9:203. Officiant; judges and justices of the peace

Judges and justices of the peace may perform marriage ceremonies within the following territorial limits:

(1) A justice of the supreme court within the state;
(2) A judge of a court of appeals within the circuit;
(3) A judge of a district court within the district;
(4) A judge of a family court, juvenile court, parish court, city court, or, in Orleans Parish, a municipal or traffic court, within the parish in which the court is situated; and
(5) A justice of the peace within the parish in which the court of that justice of the peace is situated, and in any parish within the same supreme court district which has no justice of the peace court.

B. A judge’s authority to perform marriage ceremonies continues after he retires.

C. A justice of the peace who has served a total of eighteen years in that capacity, and who thereafter voluntarily retires from office or chooses not to run for reelection, shall retain his authority to perform marriage ceremonies within the territorial limits authorized in Subsection A of this Section.

Page 2

Mr. John W. Bonner
OPINION NUMBER 02-012
Page - 2 -

D. Repealed by Acts 1997, No. 73, § 2.

However, since this opinion was released, La. R.S. 9:203 has been amended by Act 1103 in the 2001 Legislative session to read in pertinent part:

C. A retired justice of the peace who has served a total of eighteen years in that capacity shall retain his authority to perform marriage ceremonies within the territorial limits authorized in Subsection A of this Section provided he registers to perform such ceremonies required by R.S. 9:204.

The amendments to La. R.S. 9:203 extend the authority to perform marriage ceremonies to any Justice of the Peace who completes eighteen years of services prior to retirement. Therefore, while the legislative amendment maintains the requirement of eighteen years, it also extends the eligibility to all retired Justices of the Peace who fulfill this requirement, including those who choose not to run for reelection.

Therefore, it is the opinion of this office that only a retired Justice of the Peace, who has served eighteen years or more, is vested with the power to perform marriage ceremonies, provided they register as required by La. R.S. 9:204.

We hope this opinion sufficiently answers your question. If we may be of further assistance, please do not hesitate to contact our office.

Very Truly Yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL--,..

AN~I~ ~ROGERS LAPLACE
Assi~ant Attorney General

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