Justice of the Peace Serve as Jailer


May a justice of the peace also serve as a jailer?

No. In opinion number JM-1047, the Attorney General found that upon review of the role of justice of the peace as magistrate and the jailer as the sheriff's subordinate there are many occasions when the duties and loyalties of the two positions would conflict. A chart summarizing attorney general opinions related to dual office holding by county officials is included in our Pitfalls & Perils of Public Office publication.