The Atlantic

When Your Judge Isn't A Lawyer

In some states, justices of the peace don’t need a law degree to sentence defendants to prison.
Source: Yuri Grigas / Reuters

Do you want to be a massage therapist in Helena, Montana? You’ll need 500 hours of study to receive your license first.

What about a barber at a shop in Billings? Get ready to spend 1,500 hours practicing your craft.

How about one of state’s justices of the peace, with the power to send defendants to prison for up to six months? You’re in luck—only a four-day certification course is necessary.

No law degree is required, either—only the approval of the voters in your county. While Montana’s rules are not the norm in America, they’re also not unheard of. Twenty-eight states require all judges presiding over misdemeanor cases to be lawyers, including large states like California and Florida. In 14 of the remaining 22 states, a defendant who receives a prison

You’re reading a preview, subscribe to read more.

More from The Atlantic

The Atlantic8 min readAmerican Government
The Return of the John Birch Society
Michael Smart chuckled as he thought back to their banishment. Truthfully he couldn’t say for sure what the problem had been, why it was that in 2012, the John Birch Society—the far-right organization historically steeped in conspiracism and oppositi
The Atlantic17 min read
How America Became Addicted to Therapy
A few months ago, as I was absent-mindedly mending a pillow, I thought, I should quit therapy. Then I quickly suppressed the heresy. Among many people I know, therapy is like regular exercise or taking vitamin D: something a sensible person does rout
The Atlantic7 min readAmerican Government
The Americans Who Need Chaos
This is Work in Progress, a newsletter about work, technology, and how to solve some of America’s biggest problems. Sign up here. Several years ago, the political scientist Michael Bang Petersen, who is based in Denmark, wanted to understand why peop

Related Books & Audiobooks