JPs’ wedding fee OK, panel states
Posted on Saturday, July 19, 2008
An Arkansas Ethics Commission opinion issued Friday states that a justice of the peace may accept a gratuity for performing weddings as long as it’s $ 100 or less.
Some justices of the peace say they have no problem with the opinion because they can’t remember ever getting paid that much anyway.
“The vast majority of mine are $ 20,” said Faulkner County Justice of the Peace Jimmy Bryant. “It goes back to why people are coming to us in the first place. They can’t afford a traditional wedding.” The commission’s opinion followed an attorney general’s opinion last month that said justices of the peace couldn’t charge fees.
But the attorney general said that whether a gratuity could be collected falls under the gift statutes, which are enforced by the commission.
The commission’s opinion cites Arkansas Code 21-8-801, which says “no public servant shall receive a gift... for the performance of the duties and responsibilities of his or her office or position.” State law and the commission’s rules define a gift as anything valued at more than $ 100.
“Although a justice of the peace is not required to con- duct marriage ceremonies, the power to do so flows directly from holding that office,” the commission said. “Accordingly, the commission finds that performing marriage ceremonies constitutes a ‘duty or responsibility’ of the office of justice of the peace.” Ethics Commission Director Graham Sloan said he didn’t think the commission’s opinion broke any ground.
“It’s pretty straightforward under the law,” he said.
Eddie Jones, executive director of the Association of Arkansas Counties, said he doesn’t think his group has a problem with it.
“I’m not aware of any JPs charging more than $ 100,” Jones said. “I’m sure there are a number of them who get $ 25 or $ 50.” Left unsettled by the attorney general’s opinion and the commission’s opinion is whether the county can set a fee schedule as long as the money is paid to the county, not to the justices of the peace, he said.
“It probably should be addressed in law,” he said.
Also, he said, some have suggested that the laws governing gifts and extra compensation don’t apply to justices of the peace because performing weddings “is not an obligation of the office” and that maybe the law should be clarified to reflect that.
But, he said, he didn’t know whether counties would push for any changes in the law to deal with this.
Rep. Joan Cash, D-Jonesboro, requested the attorney general’s opinion. She didn’t immediately return a phone message Friday.
The question came up in Craighead County when a justice of the peace wondered whether he could charge for performing a wedding, County Judge Dale Haas has said.
Jefferson County Justice of the Peace Glen Brown, who has performed “hundreds and hundreds” of weddings, said the commission’s opinion was fine with him.
“When someone gets married, they just have it in their mind that they have to give the minister or the justice of the peace something,” Brown said. “They just kind of pass it to me. It’ll be like $ 10 or $ 30. I have not received $ 100. It would be nice. I’ll guarantee you.”
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