I Now Pronounce You…

A recent judicial ethics opinion from Massachusetts holds that a judge may serve as a justice of the peace for the sole purpose of conducted a marriage ceremony:

Performing marriages does not implicate any policy making role, has nopolitical agenda and requires no advocacy. The ability to harmonize thejudicial role with serving as justice of the peace, at least for thepurpose of solemnizing marriage, is further bolstered by Article II ofthe Massachusetts Constitution, which provides that “No governor,lieutenant governor, or judge of the supreme judicial court, shall holdany other office or place, under the authority of thiscommonwealth,…saving that the judges of the said court may hold theoffices of justices of the peace through the state…” Similarly,Article VIII provides that “judges of the courts of common pleas shallhold no other office under the government of this commonwealth, theoffice of justice of the peace and militia offices excepted.” Thislanguage also reflects an understanding that the role of judge is notinconsistent with holding the role of justice of the peace.

(Mike Frisch)