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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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