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. "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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