Should all judges be lawyers?

October 27, 2008
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From IL reporter Michael Hoskins:

If you’re responsible for applying the law, no matter if the case is a traffic infraction or a civil or criminal proceeding, is a law license required? The answer is no, but it’s a topic being debated as it applies to city and town court judges.

The Commission on Courts on Friday talked about whether all of Indiana’s city and town court judges should have to be attorneys in good standing. Only 10 have that requirement now, while 56 city or town courts don’t have the attorney requirement. There are 35 layman judges at that level without a law degree. Some think it should apply to everyone on the bench.

Chief Justice Randall Shepard is in favor of the idea, noting that these judges are on the front lines and litigants must have the best possible legal representation from everyone at that level. Often, higher courts of record and the appellate level must handle the consequences of what comes from those most-local courtrooms and it makes sense for attorneys to be the ones issuing those decisions, he said. But the Indiana Association of Cities and Towns and several local judges are opposed to the idea. IACT attorney Jodie Woods said this falls under the home rule umbrella and it isn’t right to force an area with few attorneys to have to pick one of those to be a judge.

Three attended the commission meeting, including Jeffersonville City Judge Kenneth Pierce who offered a more neutral viewpoint. While he truly thinks these judges should be attorneys (he is licensed), he knows sitting non-attorney judges with more experience and expertise than some attorneys.

Some compromises were laid out, such as removing a residency requirement that would allow out-of-city or town court judges to serve a nearby jurisdiction; and applying the law-degree requirement only for the future so all sitting judges would remain on the bench until they chose not to run. Commission members weren’t all convinced and a motion to recommend this to lawmakers failed, but the idea will likely come up again. The chief justice noted that this issue is not an emergency, but a useful idea that could take years to implement statewide.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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