Justice of the Peace

A Justice of the Peace is a public official appointed by the Governor, with the advice and consent of the Executive Council (RSA 455-A). Justices of the Peace have the power to:

• Administer oaths and affirmations;
• Take verifications upon oath or affirmation;
• Acknowledge legal documents;
• Witness or attest a signature;
• Certify or attest a copy;
• Note a protest of a negotiable legal document;
• Take depositions;
• Perform marriage ceremonies;
• Issue warrants.

To find out more about the powers and responsibilities of Justices of the Peace, read the Notary Public and Justice of the Peace Manual and the Uniform Law on Notarial Acts - RSA 456-B . You can also call the Secretary of State’s Office at (603) 271-3242 to request a paper copy of the manual.

Requirements: To become a Justice of the Peace in New Hampshire, you must be:

• At least 21 years of age;
• A New Hampshire resident;
• A registered New Hampshire voter for at least three years immediately preceding the date of the application.

Application process: To apply, print off and complete both sides of the Justice of the Peace Application. Alternatively, you can also request an application form from the Secretary of State’s Office by phone (603-271-3242) or email (administration@sos.nh.gov).

The back of the application includes an Acknowledgement of Criminal Record Check which must be completed. Two Justices of the Peace and one registered New Hampshire voter must endorse your application.

Please mail the ORIGINAL completed application along with the $75 fee (check made payable to “State of New Hampshire” or cash) to the Secretary of State’s Office, Room 204, 107 North main Street, Concord, NH 03301.  

Once the Secretary of State receives your application, it will take 8-10 weeks to be processed. The process is as follows:

1. The Secretary of State will use the Acknowledgement of Criminal Record Check to check the N.H. State Police database to see if you have a record of criminal convictions.
    
2. Your application will be submitted to the Governor and Executive Council for nomination.
    
3. After you are nominated, your application will be submitted to the Governor and Executive Council for appointment. This will occur at a different meeting than the one you were nominated at.
    
4. If your application is approved, your commission as a Justice of the Peace will be valid for 5 years from the date the Governor and Executive Council confirm your appointment. The date of your appointment will be indicated on your commission.
    
5. Within a week of your appointment, you will receive your commission, oath, Notary Public and Justice of the Peace Manual and other information from the Secretary of State’s Office.
    
6. As soon as you receive your oath, sign and take your oath of office in the presence of:

• Two justices of the peace; OR

• Two notaries public; OR

• One notary public and one justice of the peace. 

You must take the oath to have the authority to act as a Justice of the Peace (RSA 92:2). Those who sign your oath should also sign your commission.

7. Return the oath to the Secretary of State’s Office as soon as possible. Unless we have your oath on file, we cannot certify that you are qualified as a Justice of the Peace.
    
8. Keep the commission for your records. 

As a Justice of the Peace, you cannot charge more than $10.00 for each oath, witness, service, or certification.

             Exception: For depositions, you can charge a fee of $5 but no more than $50. You are also entitled to .20/mile when
             traveling to swear in witnesses.

You cannot charge a fee to administer oaths of office for town officers.

• Any time you endorse a document or sign an acknowledgement as a justice of the peace, you must type, print, or stamp your name and state the expiration of your commission on the document.
• Although not required, we recommend that when performing an act as a Justice of the Peace, you do so under your official seal. You are responsible for ordering your own seal.
• Justices of the Peace cannot endorse documents that specifically ask for the endorsement of a notary public.

To renew your Justice of the Peace commission, you will follow the same process you completed to apply. However, the Secretary of State’s Office will mail you a renewal application approximately 12 weeks prior to the date your current commission is due to expire. Renewal applications ARE NOT available online.

If you move during the 5 years of your commission (or change your name), please notify the Secretary of State’s Office. Otherwise, your renewal form will not reach you.