Me. Rev. Stat. » Title 4
Maine Revised Statutes

Me. Rev. Stat. tit. 4, § 161 (2026)

Justice of the peace; appointment; duties; salary

✓ current as of May 2026
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The Chief Judge of the District Court may authorize any attorney-at-law, who is duly licensed to practice law in the State, to receive complaints and to issue process for the arrest of persons charged with offenses, to issue search warrants and to endorse certificates of commitment of the mentally ill, all in accordance with law, and to perform all other such acts and duties that are or may be authorized by law. The powers to issue process for the arrest of persons charged with offenses and to issue search warrants extend to offenses subject to the exclusive jurisdiction of the Passamaquoddy Tribe or the Penobscot Nation under the terms of Title 30, section 6209‑A or 6209‑B. That attorney may be known as a justice of the peace.   [PL 1995, c. 388, §1 (AMD); PL 1995, c. 388, §8 (AFF).]
The justice of the peace shall serve at the pleasure of the Chief Judge of the District Court, but no term for which a justice of the peace is appointed may exceed 5 years.   [PL 1987, c. 736, §3 (AMD).]
The justice of the peace shall receive such salary as shall be determined by the Chief Judge and paid as an expense of the District Court.   [PL 1987, c. 736, §3 (AMD).]
The Chief Judge of the District Court may also authorize any clerk or deputy clerk of the District Court to issue process for the arrest of persons charged with offenses if the Chief Judge is satisfied that the clerk or deputy clerk has the necessary training and learning to perform that function. When acting in that capacity, the clerk or deputy clerk shall be considered a justice of the peace and shall serve at the pleasure of the Chief Judge.   [PL 1987, c. 736, §3 (NEW).]
SECTION HISTORY
PL 1967, c. 420 (AMD). PL 1967, c. 434, §1 (AMD). PL 1973, c. 216 (RPR). PL 1985, c. 737, §A12 (AMD). PL 1987, c. 736, §3 (AMD). PL 1991, c. 484, §1 (AMD). PL 1995, c. 388, §1 (AMD). PL 1995, c. 388, §8 (AFF).
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Notes of Decisions
Cited in 4 cases, 1985–2014 · leading case: State v. Murphy, 496 A.2d 623 (Me. 1985).
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State v. Murphy, 496 A.2d 623 (Me. 1985). “4 M.R.S.A. § 161 (1979) provides: The Chief Judge of the District Court may authorize any attorney-at-law, who is duly licensed to practice law in the State of Maine who is also a justice of the peace, to receive complaints and .”
State v. Haley, 571 A.2d 831 (Me. 1990). “See 4 M.R.S.A. § 161 (1989); 15 M.R. S.A. § 55 (Supp.”
State v. Ellis, 502 A.2d 1037 (Me. 1985). “The defendant asserts that the search warrant was invalid because the complaint justice was not a justice of the peace as required by 4 M.R.S.A. § 161 (1964). We disagree. Section 161 provides that any licensed attorney “who is also a justice of the peace” may be authorized to…”
Laprel v. Going, 96 A.3d 67 (Me. 2014). “VI, § 6, and attorneys who serve as justices of the peace are authorized to do so by the Chief Judge of the District Court, see 4M.R.S. § 161 (2013). . In addition, the jurist receives a ceremonial certificate bearing the signatures of the jurist and the Governor to commemorate…”
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