NCJ Number
110522
Date Published
1986
Length
248 pages
Annotation
This book examines the controversial and important role that nonlawyer judges play in the American judicial system.
Abstract
Approximately 13,000 lay persons hold judgeships in courts of limited jurisdiction and usually are found in towns and villages outside major metropolitan areas. While the power of lay judges varies among jurisdictions, it often extends to authority to resolve traffic matters, small civil claims, and minor criminal cases. This consideration of lay judges is presented in six chapters. The first examines the judicial process in the early history of America, while the second and third detail the generally unsuccessful efforts of lawyers to eliminate nonlawyer judges from courts of limited jurisdiction in the twentieth century. Chapter four reports the results of a study of how New York State nonlawyer and lawyer judges make decisions. Data were obtained from a mail survey of 2,222 New York judges and by observing and interviewing 26 lay and lawyer judges in upstate New York. The final chapters detail how the system of nonlawyer judges is structured and present conclusions indicating that Americans value credentials and professional expertise and are uncomfortable with lay participation in adjudication. Appendices, index, and 524 footnotes.