There is no Justice of the Peace in Virginia. The office was abolished on January 1, 1974, and its duties were transferred to a new statewide magistrate system.1Virginia Code Commission. Virginia Code Title 19.2 – Article 2 – Abolition of Justice of the Peace System If you’re searching for a JP today, what you actually need is one of three officials, depending on the task: a magistrate for warrants and bail, a court-authorized civil celebrant or minister for a wedding, or a notary public for oaths and document acknowledgments.
Virginia law handled the switch with a catch-all: any reference to a “justice of the peace” anywhere in the Code is read as referring to a magistrate, unless context makes that impossible.1Virginia Code Commission. Virginia Code Title 19.2 – Article 2 – Abolition of Justice of the Peace System The magistrate office was expressly vested with all the authority, duties, and obligations of the old JP office.2Virginia Code Commission. Virginia Code 19.2-33 – Office of Magistrate So the office is gone, but the functions live on under new titles.
Which Official You Actually Need
People searching for a JP in Virginia are almost always trying to do one of three things. Here’s who handles each now.
For a wedding: either an ordained minister authorized by a Virginia circuit court, or a Virginia resident specifically authorized by a circuit court to serve as a civil marriage celebrant. Magistrates can also perform marriages if separately authorized, but they cannot accept any payment for doing so.
For a warrant, bail decision, or arrest process: a magistrate. Magistrate offices operate 24 hours a day and are usually located in or near courthouses and jails.
For an oath, acknowledgment, or document certification: a notary public is almost always the easiest option. Magistrates have this power too, but notaries are far more accessible for routine paperwork.3Virginia Code Commission. Virginia Code 19.2-45 – Powers Enumerated
Getting Married in Virginia Without a JP
A marriage license from the circuit court clerk costs $30. Once you have the license, the ceremony must be performed by one of three types of officiant.
An Ordained Minister
Any ordained minister in regular standing with a religious denomination can be authorized to celebrate marriages throughout Virginia. The minister presents proof of ordination and good standing to a circuit court, its clerk, or a circuit court judge, who issues an order granting statewide authority.4Virginia Code Commission. Virginia Code 20-23 – Order Authorizing Ministers to Perform Ceremony Ministers holding a commission to pastoral ministry or a local minister’s license who serve as a regularly appointed pastor also qualify. Ministers are not subject to a fee cap; they can charge whatever they and the couple agree on.
A Civil Celebrant Authorized by a Circuit Court
This is the closest modern equivalent to what people imagine a JP does. Any Virginia resident can petition the circuit court in their area to be authorized to perform marriages. The process involves filing a petition with the clerk, paying the clerk’s fees, and posting a $500 bond (the court can waive the bond for petitioners who would qualify for in forma pauperis status). No oath of office is required, and the person doesn’t become a government officer by virtue of the authorization. The court can rescind the authorization at any time.5Virginia Code Commission. Virginia Code 20-25 – Persons Other Than Ministers Who May Perform Rites
Civil celebrants authorized under § 20-25 can charge up to $75 per ceremony, plus travel expenses at the state mileage reimbursement rate for private vehicles or actual cost for public transportation. The celebrant must give the couple the total cost, including travel, at least three days before the ceremony.6Virginia Code Commission. Virginia Code – Chapter 2 – Marriage Generally
If a magistrate happens to be authorized as a civil marriage celebrant, they are prohibited from accepting any fee, gratuity, or anything of value for performing the ceremony.7Virginia Code Commission. Virginia Code Title 19.2 – Chapter 3 – Magistrates
A Religious Society Without Ordained Clergy
Some faith traditions don’t have ordained clergy. Virginia allows marriages in these traditions to be solemnized according to the society’s own practices. One member chosen by the society takes responsibility for completing the marriage certification and must post a $500 bond with surety.8Virginia Code Commission. Virginia Code 20-26 – Marriage Between Members of Religious Society Having No Ordained Minister
How to Line Up an Officiant
The circuit court clerk’s office in the county or city where the wedding will take place is the starting point. Many clerks maintain a list of authorized civil celebrants, and staff can explain the petition process if you want a specific person authorized to perform your ceremony.
If Your Officiant Wasn’t Actually Authorized
This comes up more often than you’d expect. Someone performs a wedding thinking they’re authorized, or a couple assumes a friend’s online ordination is valid in Virginia. Under § 20-31, a marriage is not void and its validity is not affected by the officiant’s lack of authority, as long as a marriage license was issued in Virginia and either or both spouses genuinely believed the marriage was lawful.9Virginia Code Commission. Virginia Code 20-31 – Belief of Parties in Lawful Marriage Validates Certain Defects
The officiant is the one who faces the penalty. Anyone who knowingly performs a marriage ceremony without a lawful license, or without being legally authorized to officiate, can be jailed for up to one year and fined up to $500.10Virginia Code Commission. Virginia Code 20-28 – Penalty for Celebrating Marriage Without License The consequence falls on the person performing the ceremony, not the couple.
Magistrates: What They Do and How to Reach One
Magistrates hold the powers the old JPs used to hold, but the list is now closed. Virginia Code § 19.2-45 enumerates them, and magistrates have no authority beyond what appears there. The powers most people need are:
- Issuing arrest warrants and criminal subpoenas, with the same authority as district courts
- Issuing search warrants when probable cause exists
- Admitting a person to bail or committing them to jail when charged with an offense
- Issuing civil warrants summoning a defendant to appear before a district court within 30 days
- Administering oaths and acknowledging documents
- Serving as conservators of the peace
Magistrate offices are open 24 hours a day and are typically located in or near courthouses and jails. To find yours, contact the courthouse in the judicial district where the matter arose.
Notaries for Oaths and Document Acknowledgments
Notaries public handle the routine document work JPs used to do. A Virginia notary can charge up to $10 per notarial act for a physical document and up to $25 for an electronic document. A notary may also recover reasonable travel expenses if the person requesting the service agrees to pay them in advance, but charging more than the statutory cap for the notarial act itself is illegal.11Virginia Code Commission. Virginia Code 47.1-19 – Fees The Virginia Secretary of the Commonwealth maintains an online notary locator.