Judging Credentials

Nonlawyer Judges and the Politics of Professionalism

Doris Marie Provine

Judging Credentials
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Doris Marie Provine

264 pages | © 1986
Paper $32.00 ISBN: 9780226684710 Published March 1986
Must judges be trained as lawyers in order to be effective in office, or can nonlawyers serve equally well? This question has long provoked controversy among lawyers, judges, legislators, and the public. In her empirical study of the place of the nonlawyer judge in the American legal system, Doris Marie Provine concludes that, despite the opposition of the legal profession to nonlawyer judges, they are as competent as lawyers in carrying out judicial duties in courts of limited jurisdiction.

Provine presents a persuasive argument that the case against nonlawyer judges has been weighted in favor of the professional interests of lawyers, not public concerns. Her examination reveals as much about the presuppositions of legal professionals as it does about the competency of nonlawyer judges to old judicial office. To substantiate her claims, Provine has conducted the most comprehensive survey of nonlawyer and lawyer judges yet undertaken, augmenting this material with court observations and extensive interviews of judges. She integrates the results of this survey into the historical context of the lay versus lawyer judge debate, showing how the legally trained judge came to predominate in the American judicial system and analyzing in detail the campaign both in and out of the courts to make legal training a prerequisite for being a judge. Ultimately, Provine suggests, Americans are too committed to the significance of credentials and to the legal profession's vision of the judicial process to respond very favorably to nonlawyer judges, however well they might perform.

Judging Credentials will force lawyers, judges, scholars, and the public to reconsider the role nonlawyer judges play in the American judicial system. Provine's provocative views and exhaustive research adds new dimensions to our understanding of the ethics of professionalism and its consequences.
Contents
Acknowledgments
Introduction
1. Lawyers and the Judiciary in Early America
Judicial Process in Colonial America
Legal Education Becomes a Requirement for Judicial Office
Lawyers and Judgeships: Understanding the Convergence
Conclusion
2. Twentieth-Century Court Reform and the Lay Judge
The Context in Which Lay Adjudication Proceeds
Nonlawyer Judges: Recent Themes and Trends
Conclusion
3. Lawsuits over Nonlawyer Judges
The Constitutional Significance of Legal Learning
Conclusion
4. The Impact of Legal Education on Judicial Attitudes and Behavior
The Study: Problems, Procedures, and Hypotheses
Lay Judges and the Defendant's Right to Due Process
Nonlawyer Judges and the Exercise of Discretion
Conclusion
5. Nonlawyer Judges and the Image of Justice
The Structure of Local Justice in New York
Judicial Authority in Justice Court
Conclusion
6. Judicial Credentials, Professionalism, and the Rule of Law
Lawyers versus Nonlawyer Judges
Prevailing Opinion on Lay Judges and the Rule of Law
The Credential Issue Elsewhere
Conclusion
Technical Appendix
Notes
Index
For more information, or to order this book, please visit http://www.press.uchicago.edu
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