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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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