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re: In the United States, there is no federal requirement for judges to have a law degree

Posted on 11/1/25 at 11:17 am to
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82444 posts
Posted on 11/1/25 at 11:17 am to


Anyone with a lick of sense would rather a non lawyer like a Jamie Dimon over a lawyer like Ketanji Brown Jackson.
Posted by MoarKilometers
Member since Apr 2015
21130 posts
Posted on 11/1/25 at 11:49 am to
quote:

How about surgeons that didn't graduate med school?
Is that also a good thing ?

We're about to get a surgeon general without a medical license
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46425 posts
Posted on 11/1/25 at 1:06 pm to
Back in the day, one "read for the law", i.e. , you were apprenticed to a practicing attorney, and learned from him, plus studied the legal texts. When you thought you were ready, you took the bar exam.
Posted by Stat M Repairman
Member since Jun 2023
2846 posts
Posted on 11/1/25 at 1:53 pm to
Other notable girl-bosses too bossy to pass the bar exam:

Kamala Harris
Hillary Clinton
Michelle Obama
Kim Kardashian
Posted by RelentlessAnalysis
AggieHank Alter
Member since Oct 2025
2968 posts
Posted on 11/1/25 at 2:01 pm to
quote:

In the United States, there is no federal requirement for judges to have a law degree
Two responses.

As to FEDERAL judicial position, it would be entirely appropriate to implement a requirement that one be an attorney to hold the position. The corollary question is whether than can be accomplished by statute or would need a Constitutional amendment. I suspect the latter.

As to STATE judicial positions, I would oppose any such federal requirement ... because I actually believe in federalism.
Posted by VolunGator
Franklin, TN / Key West, FL
Member since Jan 2020
1468 posts
Posted on 11/1/25 at 2:06 pm to
Seven states don't require one complete law school to take the bar.

One need only work under a licensed attorney for X number of years.
This post was edited on 11/1/25 at 8:32 pm
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
157377 posts
Posted on 11/1/25 at 2:09 pm to
quote:

We've had very good non-lawyers on SCOTUS
Can you name one?

I've always heard there is no requirement to be on tUSSC. Apparently all who have served have been lawyers and/or trained in the law. Possibly all nominees as well. But a law degree/training/passing the bar is not required

However you must be a lawyer to be US Attorney General
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82444 posts
Posted on 11/1/25 at 2:12 pm to
James Byrnes.



You cannot do worse than KJB and she meets the qualification of having a law degree, passing the bar, and being a judge.

None of these qualifications guarantee you're going to get a competent Supreme Court Justice.
This post was edited on 11/1/25 at 5:28 pm
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
157377 posts
Posted on 11/1/25 at 2:17 pm to
Wiki:
quote:


James Byrnes.
quote:

In 1900, Byrnes's cousin, Governor Miles B. McSweeney, appointed him as a clerk for Judge Robert Aldrich of Aiken. As he needed to be 21 to take this position, Byrnes, his mother, and McSweeney changed his date of birth to that of his older sister, Leonora. He later apprenticed to a lawyer, then a common practice, read for the law, and was admitted to the bar in 1903. In 1908, he was appointed solicitor for the second circuit of South Carolina and served until 1910.
Posted by Toomer Deplorable
Team Bitter Clinger
Member since May 2020
24857 posts
Posted on 11/1/25 at 2:19 pm to
quote:

Meh, our law schools are retard factories.

Look at the lawyers on this board.


No kidding.

Based on the contributions of a handful of attorneys on this very forum, it often seems a law degree is antithetical to sound judgment, if not a sound mind.



Posted by Toomer Deplorable
Team Bitter Clinger
Member since May 2020
24857 posts
Posted on 11/1/25 at 2:22 pm to
quote:

As to STATE judicial positions, I would oppose any such federal requirement ... because I actually believe in federalism.


You don’t have to be a law school graduate to understand the Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In short, the authority not specifically assigned to or restricted from the federal government cannot be presumed by that government; such powers are reserved for the states.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82444 posts
Posted on 11/1/25 at 2:22 pm to

We should bring back apprenticeship for lawyers.

Will probably get a better quality product than the woke trash or law schools are pumping out.
Posted by Champagne
Sabine Free State.
Member since Oct 2007
55351 posts
Posted on 11/1/25 at 2:29 pm to
That's eye-opening, for sure.

I had no idea that here in the USA in many places being a lawyer is not necessary for you to be a Judge.

Wow. We really do know how to screw ourselves. We did a great job of destroying the Confederate States of America but we aren't doing a good job of saving the United States of America.

I give the USA another 150 years, tops.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71229 posts
Posted on 11/1/25 at 2:29 pm to
quote:

Then the judge does his own research and judges.


Some of these judges seem to rely on reddit for their research.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
150408 posts
Posted on 11/1/25 at 2:33 pm to
You could in good faith argue that folks with law degrees have done more harm to this country than ones without
Posted by Rip Torn
Member since Mar 2020
6035 posts
Posted on 11/1/25 at 2:45 pm to
The Surgeon General isn’t actively seeing patients and doesn’t impact anything I do on a daily basis in the medical field
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82444 posts
Posted on 11/1/25 at 2:49 pm to
quote:

You could in good faith argue that folks with law degrees have done more harm to this country than ones without



Indeed


We have a SCOTUS Justice that can't tell you what a woman is.


We have a number of loons like Boasberg who intentionally ignore the law in order to implement their political agendas. Neither a law degree nor the bar prevented the system from being infiltrated by bad actors like these.
Posted by JimEverett
Member since May 2020
2424 posts
Posted on 11/1/25 at 3:20 pm to
I am not defending the policy of allowing non-licensed people to be magistrates, but these state/county level magistrates are just placeholders following a script.
This magistrate in NC, for example, was most likely working overnight and most likely the State's lawyer did not ask for bail as a matter of the DA's policy. In fact, Governor Cooper ad encouraged a lot of these Soros-backed criminal reforms like no cash bail, etc.. These magistrates are not deciding cases or really any matters of law at all - just a gatekeeper right after an arrest.

The real ire should be directed at the politicians - Governor, DA, some state legislators, who bought into this ridiculous over-incarceration of minorities as some sort of great injustice or Jim Crow 2. Idiots - all of them. In the North Carolina case - I will never understand how that guy served as little time for his violent offenses before he murdered the ukranian lady.
Posted by Wednesday
Member since Aug 2017
17303 posts
Posted on 11/1/25 at 6:27 pm to
Lawyers should be like engineers and doctors- an apprenticeship of some type should absolutely be required.

Law schools shouldn’t necessarily be required, but a bar exam of some type should be, as well as a satisfactory clerkship of at least a year.

I guess you could pass a bar exam of some type without going to law school, but you definitely would have to have someone teach you how to do it. Plus, going to law school is no guarantee you’ll pass the bar. Ask people who went to Southern.

Judges who were never practicing attorneys make the worst judges. I think it’s why ACB has been such a flop. She’s smart AF, but she’s never really had to deal with an a-hole client, an a-hole attorney on the other side, or a judge who has never practiced in the real world. Non-lawyer judges don’t have to see what the consequences of your rulings can do to people. It’s bad enough being before a judge who has only ever been a government lawyer, I can only imagine it would be infinitely worse to be before someone who works for the government, puts on a robe, and then goes on a fricking power trip.

I’d be fuming pissed if I were stuck before some magistrate who never practiced law and I were having to watch a client get rickrolled by some non lawyer’s idea of “justice.”

I won’t even consent to mediators or arbitrators (and I fricking hate arbitration) who are not lawyers.
Posted by cyarrr
Prairieville
Member since Jun 2017
4244 posts
Posted on 11/1/25 at 8:25 pm to
quote:

Kim Kardashian


She passed the “baby bar”, a test for first year law students.

She has not passed the California bar and is not a licensed attorney.
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