How can someone without a law license be appointed to the courts?

[CatWoman]

Randi said one of Bush's judges was confirmed today, and the reason he was blocked earlier was because he refused to apply for a law license.

What the fuck is going on here?


Anyone else hear about this???

[MichiDem]

1. I've heard

that you don't need to be a lawyer to be a judge.

Not sure it's true though.

[AllegroRondo]

2. The president can appoint whomever he wants

thats why Congress is supposed to 'advise and consent' - to prevent unqualified people from getting lifetime appointments.

[brook]

4. Not certain...

about today - but it used to be in Texas that you needn't be a lawyer to be a judge. It surprised me at the time...except when you think of it in terms of 'political paybacks'...which I guess most of 'em were.

[MichiDem]

8. I was thinking along the terms of

elected judges.

[KansDem]

16. Here's some more info...

The Constitution doesn't require that Supreme Court justices be attorneys, but it's always been assumed that only a lawyer should be nominated. No President has ever nominated a non-lawyer. Young people are also not appointed to the Supreme Court. Most justices leave the Supreme Court through death or becoming too ill to continue serving. Some justices can be lured off the bench by offers of ambassadorships, and only one justice (Samuel Chase in 1803) has ever been impeached (and later acquitted in 1805). Efforts were made to impeach William Douglas in 1969 for his strong liberalism and Abe Fortas the same year for conflict of interest, but both attempts failed. Impeachment of a justice is the same as for any other federal official - for treason, bribery, or any high crimes and misdemeanors (Article 2, Section 4).

http://faculty.ncwc.edu/toconnor/410/supremecourt.htm

[Toots]

3. There is no requirement for legal experience

Strange but true.

[ArkDem]

5. He didn't try to pass the bar in his home state because

he practiced law in DC. The argument was that he needed to pass the bar in both places.

[Beetwasher]

7. Umm, He Was a Lawer For BYU (In Utah) And He LOST His DC License Too!

"Griffith said he did not have a Utah law license because he never thought he needed it for his job as lawyer for Brigham Young University. He also took the blame for losing his D.C. law license by not paying bar association dues. He got the license back by paying what he owed."

[patcox2]

9. On that basis, I've "lost" my license, too.

Its nit-picking. You do not need a license to be in-house counsel in many jurisdictions because you are not retailing your services to the public, that would explain the situation in Utah. As far as "losing" your license for failure to pay the annual fees, I have had my license suspended for failing to pay the annual fee, because I was not practicing at the time; it was reinstated upon payment.

I am in-house right now. I don't need to stay admitted, I do so out of choice. So it matters not a whoop that I was administratively suspended.

I could well imagine that if I moved to take a job as an in-house in
another state, I would not bother to get admitted there, because I am too old for that bar exam shit all over again. And I probably wouldn't bother keeping up my current license (actually, I am not sure I could because you have to have a bona-fide office in state). So I could easily see myself in that situation.

I hope you all don't block my nomination to the bench over it, someday.

[proud2BlibKansan]

11. I had a good friend years ago whose dad was a judge

He was a retired cop. He never even went to college, not to mention law school.

Vern Miller, the state atty general in KS back in the 70s (he was the moron who charged airline employees with violating state liquor laws for serving alcohol without a liquor license while flying over KS) had no law degree and had never taken the bar exam. Miller was also in law enforcement before being elected atty general.

[Beetwasher]

13. Well Goody For You! He Still "Took Blame For It"

So, whatever.

[SW FL Dem]

14. Same here

I passed two bar exams, when I moved, I let one lapse but I keep the other active just in case I ever need it.

[philosophie_en_rose]

6. Anyone can be appointed to the courts.

:shrug:

[applegrove]

10. Maybe it is like the pope. You don't have to be in the clergy to make

pope. I think!

[WePurrsevere]

15. That's right...

When they were voting for a new pope I had this discussion with my Roman Catholic parents... I believe the requirements for a candidate must be a baptized Roman Catholic single (although that was not always true) male (although some believe in 800 something AD there was a female pope "Joan" for a few years) in good standing with the church.

Since being a judge is a "no experience or training necessary" type of career this means is that given the right time, place and proper schmoozing anyone can be appointed or voted in as a Judge. Hmm... I could handle that gig... I'd do really well as a *sitting* judge. :D

[Kraklen]

12. Makes sense.

The courts appointed somebody without any moral license to be president to that office, he can appoint somebody without any legal license to be on the court.

[H2O Man]

17. I see the question was

already answered correctly. As a side note, in NYS, one does not have to be an attorney to be elected and serve as a Justice of the Peace. These non-attorneys can hear small claims court; violations and misdemeanors; and arraign people on felony charges. They can not hear a felony case.

I'm not sure it is a particularly good thing to have non-attorneys serve even in this limited role. While a few are as good as any of the local judges, the majority are untalented men and women who hand out injustice too frequently.