Story-filter: Non elected ways for a layperson to become a judge

May 27, 2024 8:54 AM

I'm working on a US based story and wanting to explore ways (other than competing in an election) that a layperson (not a lawyer) could become a judge. My character is a adjunct professor at a community college.
posted by arnicae to Law & Government (10 answers total)

Are you thinking about a particular state or region? How one becomes a judge depends on the state.
posted by restless_nomad at 8:57 AM on May 27 [1 favorite]

In Massachusetts judges are appointed. If you want to be a judge, you apply for the position. The application process begins on this friendly web page. The Massachusetts Bar Association has put together this helpful Guide to the Massachusetts Judicial Selection Process.

It isn't immediately clear to me whether membership in the bar is a prerequisite to being considered for a judicial appointment. You can serve on the commission that manages the process without being an attorney, but that's another matter.
posted by Winnie the Proust at 9:24 AM on May 27

Here's some information on appointed non-lawyer NY judges. You should understand that such people do not generally enjoy the pay, prestige, or professional respect of full-time professional judges, who are lawyers, though if so inclined some are well-positioned to be petty tyrants over the marginalized of their communities. Whether that works well or poorly for your story of course depends on the story!
posted by praemunire at 9:27 AM on May 27

In some states they could be a magistrate.
posted by kickingtheground at 9:28 AM on May 27 [2 favorites]

As a housing lawyer in North Carolina, I appear before non-lawyer judges all the time.

Magistrates here handle evictions in civil court, perform marriages, and preside over bond hearings at the jail. Usually these positions are filled by employment application and require six months of training.
posted by Handstand Devil at 9:34 AM on May 27 [1 favorite]

as a layperson, an adjunct looking to change profession might also consider becoming an arbitrator, mediator, or conciliator "...business professionals with expertise in a particular field... typically need at least a bachelor's degree at the entry level. They learn their skills through a combination of education, training, and work experience."
posted by HearHere at 9:53 AM on May 27 [1 favorite]

Sometimes even when the position is elected, mid-term vacancies due to resignation, death, etc. are filled by appointment prior to the next election, at which point running as "Judge So-and-so" can be an effective and relatively low-effort campaign strategy. Also, sometimes there's no real competition to the election per se, since if nobody else runs a lot of voters will just mark the name that's on the ballot. Or I suppose in some jurisdictions someone may be able to win as a write-in candidate without having themself done anything, for example if some social media meme takes off during an otherwise quiet election.
posted by teremala at 2:57 PM on May 27 [1 favorite]

What time period? Some rules have changed over time in some jurisdictions as to what qualifications are required in a judiciary candidate.
posted by brainwane at 3:42 PM on May 27

Presumably you are speaking about the present day, but in case you're not, the story about how Daniel Boone was named Commandant/Syndic of the "Missouriton" settlement that Boone founded near present-day St Charles, Missouri. This was just before 1800 and the area was then part of Upper Louisiana, ruled by Spain. So Boone was appointed to this position by the Spanish governor. It was part of a deal whereby Boone received a substantial land grant in return for bringing a group of settlers to establish a town and live in the area. His responsibilities included adjudicating various disputes.

Here are a couple of quick overviews: The Judgement Tree, Daniel Boone, Misosuri Historical Society (look for section "Finds a Home in Missouri").

This article from the Missouri Historical Review, July 1909, pp. 294-298, has more details.
posted by flug at 11:00 PM on May 27

In Wisconsin, municipal court judges (who preside over speeding tickets and ordinance violations) are not required by state law to be lawyers. Some cities require it.
posted by notjustthefish at 7:36 AM on May 28