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Indiana Asked Voters Where Municipal Judges May Live. Why Didn't It Ask What a Law Degree Should Be Worth?

17 minutes ago
8 min read

Who really wants to be a billboard, ambulance chasing lawyer?  Not many, save the craziest or money hungry.
Who really wants to be a billboard, ambulance chasing lawyer? Not many, save the craziest or money hungry.

On elections day, Indiana gave voters a narrow constitutional choice about where municipal judges may live, but did not ask the larger question: The residency amendment passed; the broader question was never put before voters.


That distinction is important: voters were given a choice, but only on the issue the General Assembly chose to send them, and frankly it was a dumb one that fell short of removing "exclusive" powers language granted to a corrupt SCOIN.


Whether a law degree, rigorous additional training and a separate qualification process could open public-service and judicial pathways for graduates who do not pass the bar is something the legislature, not the courts should address. Lawyers have failed us. Judges are getting rich doing little to nothing, mostly being lazy judges. And the high court is just plain crazy and led by political hacks, not scholars.


It is no mystery why students are choosing law as career--at least not the smart ones. Hence, we have crisis. Two law schools closed in Indiana an the powerful like that.


Students in law school fear having no income or job in law and this is why, in part, there is a shortage of lawyers and people working in law today in Indiana;


The 2026 constitutional amendment opened one door for municipal judges. It left a much larger debate about legal education, public service and the Supreme Court's control over the profession untouched.


Indiana voters have now approved a constitutional amendment allowing city and town court judges to live outside the municipality where they preside. Under the new language, a municipal judge may reside in the county where the court is located or in the closest bordering Indiana county. Supporters argued that the change would make it easier for smaller communities to recruit and retain judges.


That is a legitimate issue. But the narrowness of the question raises a much larger one: Why did Indiana's General Assembly ask voters to reconsider where a municipal judge may live without asking whether the state should reconsider who may qualify to serve in these positions in the first place?


The ballot question dealt exclusively with residency. It did not address the qualifications of municipal judges, the role of law graduates who do not pass the bar examination, or the broader question of whether Indiana should create additional professional pathways for people with substantial legal education. Voters were given a choice on the issue lawmakers placed before them. They were not given the opportunity to consider the larger reform question.


And that is where Indiana's legal system deserves a more serious discussion. Indiana has a legal desert in effect that HE has written about extensively while other media platforms and publication have ignored the issues with the Indiana legal system and CJ Loretta Rush.


She has created a crisis and her leadership is widely seen as a failure and DEI disaster.


A law degree should not become a dead end


Indiana generally requires a person selected to serve as a city or town court judge to be an attorney in good standing admitted to practice law in Indiana, subject to statutory grandfathering provisions. The requirement reflects a policy choice made by the General Assembly in 2015. Before that change, Indiana permitted certain nonlawyers to serve in municipal judgeships. The earlier system did not require those judges to possess a law degree; it simply did not impose the same universal attorney-licensing requirement.


The question today is different. What should happen to a person who completes three years of legal education, earns a Juris Doctor degree, understands the law and the judicial process, but does not pass the bar examination?


That person cannot represent clients or hold themselves out as an Indiana attorney. A JD is not a law license, and the distinction matters. But a failure to pass one examination does not erase three years of legal education or automatically mean that the graduate has nothing useful to offer the public.


The Indiana Supreme Court's own Commission on Indiana's Legal Future has recognized the need to examine alternative licensing models, pathways to admission, rural legal services and public-service opportunities. Its work demonstrates that the issue is not imaginary or confined to frustrated law graduates. Indiana itself has acknowledged that the traditional model deserves examination as the state confronts attorney shortages and gaps in access to legal services.


The financial stakes are substantial. The Commission's final report cited a 2024 American Bar Association survey in which 85% of young lawyers reported borrowing for law school, bar preparation or prior education. The median debt was $112,500 for law school tuition and related costs, and $137,500 when all loans at graduation were included. Seventy-five percent said debt had changed their career plans. Those are national survey figures, not an Indiana-specific measurement, but they illustrate the economic risk facing people who pursue legal education.


Indiana's own July 2026 bar examination statistics offer another reason to take the question seriously. The overall pass rate was 65%, with a 77% pass rate for first-time takers and a 17% rate for repeat takers. Those figures do not mean that every unsuccessful candidate is permanently unable to pass. They do show that a meaningful number of graduates do not cross the licensing threshold on a given attempt.


What happens to them? Some find work in compliance, government, contracts, policy, human resources, legal operations, financial services and other positions where a law degree can be valuable without requiring a license to practice. The legal profession itself recognizes these as JD-advantage careers. But Indiana has not developed a comprehensive, clearly defined public-service credential that makes the most of this pool of legal education.


The municipal judge question should be reopened


Indiana should consider a separate qualification pathway for certain municipal judicial positions. A JD graduate who has not passed the bar should not automatically become eligible to preside over a court. Nor should a law degree alone be treated as a substitute for the knowledge, judgment and ethical obligations required of a judge.


But why not examine a rigorous alternative? Afterall, AI will soon do much of the work of judges and their law clerks more accurately and more consistently.


A candidate could be required to hold a JD from an accredited law school, complete a specialized examination covering Indiana law, evidence, criminal and civil procedure, municipal jurisdiction and judicial ethics, and undergo practical judicial training. The state could require supervised experience, continuing education, periodic performance review and a defined disciplinary process. The legislature and the judiciary would need to determine the appropriate statutory and constitutional framework, including the limits of municipal judicial authority.


This would not create an alternative license to practice law. It would create a narrowly defined route to a particular public-service position, with qualifications designed for that position. The distinction is essential.


The same principle could apply beyond municipal courts. Indiana could establish a recognized JD-qualified legal professional credential for defined government, regulatory, compliance, court-administration and public-service roles. The credential would identify what the holder has demonstrated and, just as importantly, what the holder is not authorized to do. It would not permit the unauthorized practice of law, representation of clients or the giving of legal advice.


The Indiana Judicial Branch makes clear that only licensed lawyers may give legal advice, and that nonlawyer intermediaries have important restrictions. Any new pathway must respect those boundaries and protect the public. But protecting the public does not require treating every legal task as though it can be performed only by someone admitted to the bar.


The Supreme Court remains the gatekeeper


There is another important part of this debate that voters were not asked to consider.


Under Indiana's current constitutional and court-rule framework, the Indiana Supreme Court has exclusive jurisdiction over admission to the practice of law. The Court also has authority over attorney discipline, disbarment and unauthorized practice of law. Those are substantial responsibilities, and they serve important public-protection purposes.


The 2026 municipal-residency amendment did not change that arrangement. It did not ask voters whether the state should create alternative legal credentials, whether certain narrowly defined public-service roles should be open to JD graduates who are not licensed attorneys, or whether the balance between legislative authority and Supreme Court authority over the legal profession should be reconsidered.


In other words, Indiana amended its Constitution to change where a municipal judge may live, while leaving the larger structure of professional gatekeeping untouched.


That is not an argument that the Supreme Court should surrender its responsibility to protect the public. Nor is it an argument that bar admission should be abandoned. Passing the bar should remain the gateway to unrestricted practice as an Indiana attorney. The question is whether it must also remain the only meaningful gateway to a career using legal education in public service.


The Court's Commission on Indiana's Legal Future has already examined alternative licensing models and pathways to admission. That work should be part of a broader public discussion, not simply an internal professional exercise. The General Assembly has a role in setting policy, the judiciary has a constitutional role in regulating the practice of law, and the public has a legitimate interest in how the system is structured.


A broader reform agenda


Indiana has spent considerable legislative energy creating new laws and changing existing ones. It should now devote comparable attention to whether its legal system is producing the people, services and accountability Hoosiers need.


A serious reform agenda would examine alternative legal-service credentials, career pathways for JD graduates, access to justice in underserved communities, municipal judicial qualifications and the regulation of lawyers and judges. It would also examine how to reduce unnecessary legal conflict, protect consumers, preserve due process for attorneys and make sure that those who create avoidable litigation costs bear an appropriate share of those costs.

These issues are connected. A system that offers no meaningful alternative for legally educated graduates wastes potential. A system that makes legal services inaccessible to ordinary citizens fails consumers. A system that regulates lawyers without adequate transparency or procedural fairness risks undermining confidence among the very professionals it depends upon. And a system that treats judicial independence as a reason to avoid meaningful accountability invites public skepticism.


Indiana does not need to weaken professional standards to address these problems. It needs to ask whether the standards, pathways and institutions it has created are serving the public as effectively as they could.


The 2026 ballot gave Hoosiers a narrow constitutional question about municipal judge residency. They answered it. But the larger question remains unanswered: Should a person who has invested years and substantial money in a legal education have a meaningful path to serve Indiana even if that person does not pass the bar?


That question deserves public debate, legislative attention and a transparent response from the institutions that govern the legal profession.


Passing the bar should remain the gateway to practicing law, period. No one should have to kiss the ring of the Supremes any longer. Indiana needs an amendment to Constitution that removes the exclusive authority for licensing lawyers from the weak, incompetent third branch of government.


It should not automatically be the only gateway to public service, judicial education or a career built around understanding the law.


Indiana changed where a municipal judge can live. It is time to examine who can serve, what legal education should make possible, and whether the state's system of professional gatekeeping is keeping pace with the needs of the people it is supposed to serve.



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