Opinion No.

The Honorable Joan Cash State Representative 1301 Thrush Road Jonesboro, Arkansas 72401-5268

Dear Representative Cash:

I am writing in response to your request for an opinion on the following:

Can a Justice of the Peace (JP) legally charge a fee for performing a marriage ceremony? If so, may he or she charge any fee, and must the fee be remitted to the County?

Finally, would any of this apply to former JP's who retain their right to marry under Ark. Code Ann. § 9-11-213?

RESPONSE

In my opinion the answer to your first question is "no." No state statute authorizes the charging of such a fee. A…