Could a Louisiana justice of the peace still perform marriages after losing reelection?

Plain-English summary

A Patterson justice of the peace asked whether he could continue performing marriages if defeated in the next election. The AG said a retired justice of the peace who had served eighteen years could retain that authority within the statutory territory, provided he registered to perform ceremonies as required. The opinion explained the registration step and concluded the requester could retain the authority after defeat if the service and registration conditions were met.

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

Did losing the next election automatically end marriage-officiant authority?
The AG said no for a justice of the peace with at least eighteen years of service who met the registration requirement.

Was registration required after leaving office?
Yes. The opinion said a retired justice had to register under R.S. 9:204.

Could the retired justice perform marriages anywhere?
The quoted statute retained authority only within the territorial limits specified in R.S. 9:203(A).

Background and statutory framework

The opinion quoted R.S. 9:203(C) on retired justices of the peace and R.S. 9:204 on officiant registration. It did not address a shorter term of service.

Citations and references

• The provisions discussed appear in the reproduced opinion below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0111

Original opinion text

DEPARTMENT OF ~USTICE

~0~ ~0~
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (504) 342-7335

OPINION 02-0111
Honorable Frank J. Cali
~PR 0 ~
Justice of the Peace 57 Justices of the Peace
P. O. Box 279
R.S 9:203(C); R.S. 9:204
A justice of the peace who is defeated in the next election may
Patterson, LA 70392
retain the authority to perform marriage ceremonies, provided he
has served in that office for at least eighteen years, and he
Dear Judge Cali: meets the mandatory registration requirements.

In response to your inquiry of recent date, it is the opinion of this office that a justice of the peace may retain the power to perform marriage ceremonies after serving eighteen years in that office. R.S. 9:203(C) provides:

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 as required by R.S.
9:204.

A retired justice of the peace must continue to register to perform such ceremonies as provided by R.S. 9:204:

§204. Officiant other than judge; registration

An officiant, other than a judge or justice of the peace, may perform marriage ceremonies only after he registers to do so by depositing with the clerk of court of the parish in which he will principally perform marriage ceremonies, or, in the case of Orleans Parish, with the office of the state registrar of vital records, an affidavit stating his lawful name, denomination, and address.

Thus, if you are defeated in the next election, you may still retain the authority to perform marriage ceremonies.

Very truly yours,

RICHARD P. IEYOUB
ATTORN Y GENERAL

BY:
I~ERI~Y L.i/KILPATRICY~ ~/
ASS~STABIT ATTORNEY GENERAL
KLK:ams