3 ms·

Merely "fails"? That sounds like apologetic underemphasis to me, like so many other Times stories. The system described is more like active oppression.

potato3732842 2y ago
Half of the country will do olympic level mental gymnastics to justify government misdeeds so long as those misdeeds happen from behind a desk and the other half will do the same if those misdeeds happen at the hands of someone with a badge and a gun. Doesn't surprise me that a county that has both problems this exists somewhere.
DistractionRect 2y ago
It's amazing how understated some parts are. Like they just casually mention > Like most Texas county judges, he does not have a law degree. I'm sorry, what? Anyone off the street can be a judge? That one line begs soo many questions, and at least some outrage, which is simply glossed over. Doing my own research, I guess I see why it's glossed over, because apparently this isn't uncommon - a quick search says that only 28 states require judges presiding over misdemeanors have a law degree. In 14 of the remaining 22, you can request a new trial from a lawyer-judge if you receive a jail sentence from a non lawyer-judge. I take it for granted, to me it's common sense, that a judge should a law degree. I mean, how can one preside over and act as arbiter in legal matters without knowing the law?
- ranger_danger 2y ago
  Some lower level judges in Texas are not required to have a law degree. https://www.txcourts.gov/media/1454620/judge-qualifications-and-selection-chart_07262022.pdf https://www.txcourts.gov/media/1454620/judge-qualifications-...
- FilosofumRex 2y ago
  The jurors are the fact finders (if it's a jury trial). They don't need to know the law, it will be explained to them by the judge. In a bench trial, the judge is both the fact finder and the law interpreter. The argument in favor of non-lawyer judges is that for misdemeanor cases the facts dominate the law, ie whom do you believe, not what's larceny or drug dealing.
- db48x 2y ago
  Remember that a degree is only a credential, and people without the credential can still be good at their job. What you need to be a judge is knowledge, not a credential.
  - Vilian 2y ago
    It's because this type that anti-intelectualism that make USA justice system seems like a circus, and the best clown, the one that convince the public win
  - ddtaylor 2y ago
    The Bar exam is supposed to be a legal litmus test of some kind
    - db48x 2y ago
      A lot of court functions don’t involve lawyers at all. Small Claims courts, traffic courts, etc, etc. States that allow judges without a law degree are using them in these courts.
      - ddtaylor 2y ago
        Small claims courts, traffic courts and every other area of the legal apparatus should not be wield by potentially incompetent people. We already have enough problems with these swords when being held by competent people.
  - mcherm 2y ago
    > people without the credential can still be good at their job Yes, and some can be very bad at their job. The goal of requiring one to pass a bar exam in order to practice law is to minimize the number of practicioners who are horribly incompetent, because of the serious damage it can do. It seems to me that a judge who doesn't know how the law works can do even MORE severe damage.
    - db48x 2y ago
- booleandilemma 2y ago
  That's interesting. I had thought programmer was the only serious profession where people didn't need a degree or any kind of certification.
- NoahZuniga 2y ago
  Arguably, its not the judges responsibility to know the law, but that of the lawyers. Both sides should find the relevant laws and case law, and the judge then decides what applies.
frakkingcylons 2y ago
It’s the appropriate language for a news organization. Making the language more charged doesn’t change the facts that they are presenting and it’s what I want as a subscriber.

potato3732842 2y ago

Half of the country will do olympic level mental gymnastics to justify government misdeeds so long as those misdeeds happen from behind a desk and the other half will do the same if those misdeeds happen at the hands of someone with a badge and a gun. Doesn't surprise me that a county that has both problems this exists somewhere.

DistractionRect 2y ago

It's amazing how understated some parts are. Like they just casually mention > Like most Texas county judges, he does not have a law degree. I'm sorry, what? Anyone off the street can be a judge? That one line begs soo many questions, and at least some outrage, which is simply glossed over. Doing my own research, I guess I see why it's glossed over, because apparently this isn't uncommon - a quick search says that only 28 states require judges presiding over misdemeanors have a law degree. In 14 of the remaining 22, you can request a new trial from a lawyer-judge if you receive a jail sentence from a non lawyer-judge. I take it for granted, to me it's common sense, that a judge should a law degree. I mean, how can one preside over and act as arbiter in legal matters without knowing the law?

ranger_danger 2y ago
Some lower level judges in Texas are not required to have a law degree. https://www.txcourts.gov/media/1454620/judge-qualifications-and-selection-chart_07262022.pdf https://www.txcourts.gov/media/1454620/judge-qualifications-...
FilosofumRex 2y ago
The jurors are the fact finders (if it's a jury trial). They don't need to know the law, it will be explained to them by the judge. In a bench trial, the judge is both the fact finder and the law interpreter. The argument in favor of non-lawyer judges is that for misdemeanor cases the facts dominate the law, ie whom do you believe, not what's larceny or drug dealing.
db48x 2y ago
Remember that a degree is only a credential, and people without the credential can still be good at their job. What you need to be a judge is knowledge, not a credential.
- Vilian 2y ago
  It's because this type that anti-intelectualism that make USA justice system seems like a circus, and the best clown, the one that convince the public win
- ddtaylor 2y ago
  The Bar exam is supposed to be a legal litmus test of some kind
  - db48x 2y ago
    A lot of court functions don’t involve lawyers at all. Small Claims courts, traffic courts, etc, etc. States that allow judges without a law degree are using them in these courts.
    - ddtaylor 2y ago
      Small claims courts, traffic courts and every other area of the legal apparatus should not be wield by potentially incompetent people. We already have enough problems with these swords when being held by competent people.
- mcherm 2y ago
  > people without the credential can still be good at their job Yes, and some can be very bad at their job. The goal of requiring one to pass a bar exam in order to practice law is to minimize the number of practicioners who are horribly incompetent, because of the serious damage it can do. It seems to me that a judge who doesn't know how the law works can do even MORE severe damage.
  - db48x 2y ago
booleandilemma 2y ago
That's interesting. I had thought programmer was the only serious profession where people didn't need a degree or any kind of certification.
NoahZuniga 2y ago
Arguably, its not the judges responsibility to know the law, but that of the lawyers. Both sides should find the relevant laws and case law, and the judge then decides what applies.

frakkingcylons 2y ago

It’s the appropriate language for a news organization. Making the language more charged doesn’t change the facts that they are presenting and it’s what I want as a subscriber.