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Thursday, February 03, 2011

Ind. Courts - "All judges should be lawyers"

The Indiana Courts press office has distributed to the media this opinion piece by Judge Mark Stoner, Marion Superior Court, and Judge Terry Shewmaker, Elkhart Circuit Court, who serve as co-chairs of the Strategic Planning Committee of the Indiana Judicial Conference:

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 the State of Indiana to be lawyers. Judges who are not lawyers would be allowed to complete their current term. 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 Senate Bill 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 and 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. Senate Bill 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.

ILB: SB 312 is authored by Senator Randy Head and has been assigned to the Judiciary Committee. It currently is not scheduled for a hearing.

ILB: It should be noted that many Indiana judges of city and town courts are attorneys, and many Indiana judges who handle traffic court cases are attorneys.

Posted by Marcia Oddi on February 3, 2011 02:36 PM
Posted to Indiana Courts