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Editorial: All who serve as judges should be lawyers

February 16, 2011
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Indiana Lawyer Editorial
stoner-mark-mugBW Stoner
shewmaker-terry-mugBW Shewmaker

By Judges Mark Stoner and Terry Shewmaker

The Indiana trial court system has several types of courts: Circuit, Superior, Small Claims and one Probate court. In 2009, 1.5 million cases were filed in those courts and all of the cases were heard by judges who are lawyers. Those judges are in good standing with disciplinary authorities and licensed to practice law in Indiana.

Indiana also has approximately 75 City and Town courts. In 2009, 375,000 cases, including criminal misdemeanors and speeding tickets, were heard in these courts. Not all of the judges in those courts are lawyers. Some cities and towns do not require it.

Senate Bill 312 would require all judges in Indiana to be lawyers. Judges who are not lawyers would be allowed to complete their current terms. Their replacements would have to be lawyers in good standing, admitted to practice law in Indiana.

The Indiana Judicial Conference (judges from across the state) and the Strategic Planning Committee of the Conference strongly support SB 312. Indiana judges believe that non-lawyers serving as City and Town court judges attempt to perform their duties to the best of their abilities. We simply believe that in matters of great importance to Indiana citizens, a person who has graduated from law school and passed the bar exam should hear the case.

Hoosiers have important constitutional and statutory rights. Most people think of serious felony cases when they think of constitutional rights. They think of television trials like those shown on “Law & Order.” But Hoosiers have important rights which apply even in matters such as speeding tickets. Citizens having cases heard in City and Town courts can lose their driving privileges or even be jailed. It is important that judges follow all statutes and apply the law properly in all cases. SB 312 would protect Hoosiers’ rights by ensuring that law-trained judges preside over all cases in Indiana, from murder to divorce to speeding tickets.

Most Indiana citizens will never see the inside of a courtroom for a serious felony offense or a complicated contract dispute. But many Indiana citizens will receive a speeding ticket, a parking ticket, or have an issue with their driver’s license that must be resolved in court. We believe all Hoosiers deserve to have a law-trained judge resolving these disputes.

This proposal is just one reform proposed by the Strategic Planning Committee as part of a bigger plan called The New Way Forward. More information can be found at www.courts.in.gov/committees/strategic/. E-mail us with suggestions or words of support.•

__________

The Hon. Mark Stoner
is a judge in Marion Superior Court, and The Hon. Terry Shewmaker, is judge in the Elkhart Circuit Court. They are co-chairs of the Strategic Planning Committee of the Indiana Judicial Conference. The opinions expressed in this column are the authors’.

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  • overkill
    Is law school really necessary for these kind of petty offenses? Not really. And a law like this further enhances the public perception of lawyers as a self serving cartel. The editorial makes good points which are reasonable but that's what I believe.

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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