Justice Courts originated in England out of the power struggle between the centralized authority of the King and the local authority of the Sheriff.  Attempting to limit the Sheriff's powers, King Richard III (The Lion Hearted), in 1125, assigned knights in each county ("shires") to assume a greater role in keeping the peace.

    In later years, Parliament increased this role, which, at first, had been more policing, to expand the Justices' powers to judicial and administrative authority.  By 1361, the job had acquired the title of "justices of the peace" (the King's peace) and they were authorized by statute to hold regular sessions of court and to try minor cases.

   Over the years, their powers were expanded to include admnistration of regulatory economic legislation.  They often fixed local wages, regulated food supplies, built and controlled roads and bridges, and undertook to provide and supervise locally those services mandated by the Crown and by Parliament for the welfare of the county, much like county commissioners today.  This power was eliminated with the introduction of elected county councils in the 1800s and Justice Courts began to lose authority to higher courts and admistrative bodies.

   Justice Courts were established in the British colonies of America, but with the founding of the United States, they evolved to hearing disputes in addition to minor criminal complaints, and they were paid for the job, unlike the Justices of the Peace in England.  As Jacksonian democracy spread, state legislatures provided for the election of JPs.   In England, the justice courts were tools of centralizing political power, but in America, they had become a tool of local democracy.

   In Oregon, Justice Courts originated with the Hudson's Bay Company, which had governing authority over the greater Oregon Country (which included what is now British Columbia, Washington, Idaho, and parts of Montana), with headquarters established at Fort Vancouver under John McLoughlin in 1824.  It was a self-governing organization, operating under a license from the British government.  An Act of Parliament of July, 1821 extended the laws of Upper Canada (English Canada) to British subjects residing in the Oregon Country, and Justices of the Peace were appointed for the area.

   American fur traders, farmers and other immigrants immigrated to Oregon, and on July 5, 1843, a Methodist minister, Jason Lee, and his neighbors called a meeting at Champoeg, near what is now Wilsonville in the Willamette Valley.  They drew up a compact for governing the Oregon country ("the Wolf Pact").  Among other things, the compact adopted the laws of Iowa, which included a judicial system and provided for Justice Courts.   It did recognize that there were already British justices of the peace, sheriffs, constables, and other judicial figures and they were authorized to continue in office.  

   In 1849, Britain and the United States made a treaty, which partitioned the Oregon Country and set the international boundary between what is now British Columbia and the new Oregon Territory of the United States.  Congress continued the laws of the provisional government, but specifically maintanied the authority of the existing Justice Courts.  

   In 1851, the first Legislature of the Oregon Territory provided for the local election of local Justices of the Peace and civil jurisdiction.  The voters in each precinct of Oregon twelve counties could elect at least one, but not more than three justices.   Precincts were much larger then than now.

   The criminal jurisdiction of Justices of the Peace was limited to assault and battery (the typical barroom brawl),  and a list of specific crimes.  Justices of the territorial Supreme Court "rode the circuit" and were trial judges, but then also sat as the territory's only appellate court.   Thus, most of the time, the only judges in a county were Justices of the Peace.

 Judge Matthew Deady, first federal judge in Oregon, President of the 1857 Constitutional Convention, and codifier of Oregon's laws in the 1800s. 

   In 1857, the current Oregon Constitution was drafted, in preparation for statehood, which was approved by Congress in 1859.  The Constitution specifically provided for justice, circuit, and municipal courts.  Justices of the Peace were not required to have formal legal training or to be lawyers.   That concept remains the law today, but county commissioners can decide to require that the Justice of the Peace be a lawyer.  Justices of the Peace are still elected by the voters in their county (and some counties have more than one Justice Court, so the Justice is elected by the voters in that district), for six year terms.  Vacancies in the office are filled by the Governor.

(The above is based on a speech by the Honorable Richard Triska, retired Justice of the Peace for Linn County, at the OJPA/Oregon Municipal Judges Conference in 2008.)

     Justice Courts originated in England out of the power struggle between the centralized authority of the King and the local authority of the Sheriff.  Attempting to limit the Sheriff's powers, King Richard III (The Lion Hearted), in 1125, assigned knights in each county ("shires") to assume a greater role in keeping the peace.

    In later years, Parliament increased this role, which, at first, had been more policing, to expand the Justices' powers to judicial and administrative authority.  By 1361, the job had acquired the title of "justices of the peace" (the King's peace) and they were authorized by statute to hold regular sessions of court and to try minor cases.

   Over the years, their powers were expanded to include admnistration of regulatory economic legislation.  They often fixed local wages, regulated food supplies, built and controlled roads and bridges, and undertook to provide and supervise locally those services mandated by the Crown and by Parliament for the welfare of the county, much like county commissioners today.  This power was eliminated with the introduction of elected county councils in the 1800s and Justice Courts began to lose authority to higher courts and admistrative bodies.

   Justice Courts were established in the British colonies of America, but with the founding of the United States, they evolved to hearing disputes in addition to minor criminal complaints, and they were paid for the job, unlike the Justices of the Peace in England.  As Jacksonian democracy spread, state legislatures provided for the election of JPs.   In England, the justice courts were tools of centralizing political power, but in America, they had become a tool of local democracy.

   In Oregon, Justice Courts originated with the Hudson's Bay Company, which had governing authority over the greater Oregon Country (which included what is now British Columbia, Washington, Idaho, and parts of Montana), with headquarters established at Fort Vancouver under John McLoughlin in 1824.  It was a self-governing organization, operating under a license from the British government.  An Act of Parliament of July, 1821 extended the laws of Upper Canada (English Canada) to British subjects residing in the Oregon Country, and Justices of the Peace were appointed for the area.

   American fur traders, farmers and other immigrants immigrated to Oregon, and on July 5, 1843, a Methodist minister, Jason Lee, and his neighbors called a meeting at Champoeg, near what is now Wilsonville in the Willamette Valley.  They drew up a compact for governing the Oregon country ("the Wolf Pact").  Among other things, the compact adopted the laws of Iowa, which included a judicial system and provided for Justice Courts.   It did recognize that there were already British justices of the peace, sheriffs, constables, and other judicial figures and they were authorized to continue in office.  

   In 1849, Britain and the United States made a treaty, which partitioned the Oregon Country and set the international boundary between what is now British Columbia and the new Oregon Territory of the United States.  Congress continued the laws of the provisional government, but specifically maintanied the authority of the existing Justice Courts.  

   In 1851, the first Legislature of the Oregon Territory provided for the local election of local Justices of the Peace and civil jurisdiction.  The voters in each precinct of Oregon twelve counties could elect at least one, but not more than three justices.   Precincts were much larger then than now.

   The criminal jurisdiction of Justices of the Peace was limited to assault and battery (the typical barroom brawl),  and a list of specific crimes.  Justices of the territorial Supreme Court "rode the circuit" and were trial judges, but then also sat as the territory's only appellate court.   Thus, most of the time, the only judges in a county were Justices of the Peace.

 Judge Matthew Deady, first federal judge in Oregon, President of the 1857 Constitutional Convention, and codifier of Oregon's laws in the 1800s. 

   In 1857, the current Oregon Constitution was drafted, in preparation for statehood, which was approved by Congress in 1859.  The Constitution specifically provided for justice, circuit, and municipal courts.  Justices of the Peace were not required to have formal legal training or to be lawyers.   That concept remains the law today, but county commissioners can decide to require that the Justice of the Peace be a lawyer.  Justices of the Peace are still elected by the voters in their county (and some counties have more than one Justice Court, so the Justice is elected by the voters in that district), for six year terms.  Vacancies in the office are filled by the Governor.

(The above is based on a speech by the Honorable Richard Triska, retired Justice of the Peace for Linn County, at the OJPA/Oregon Municipal Judges Conference in 2008.)