At least six years is preferred, but nearly half of judges think the prerequisite should be 10 years.
That’s the verdict from our monthly one-question survey emailed to NJC alumni. Sent out just after Labor Day, this month’s question asked: “How many years of trial experience should an attorney be required to have before taking the bench?”
Judges were given a choice of ranges of years: 0-2, 3-5, 6-9 or 10 or more. More than a thousand judges responded. Nearly half chose 10 years or more and another 31 percent picked 6-9.
“I have seen many attorneys run for the position of judge stating that they have a law degree and that qualifies them,” commented one judge, anonymously, as was the case with all who left comments. “When they take the bench, they have no idea as to what to do. It is a whole new world on this side of the bench.”
Wrote another: “Being smart is a wonderful thing, but there is no substitute for experience. Judges who take the bench with little or no trial experience have no point of reference for what happens in court and no empathy or understanding for what the trial lawyers are dealing with.”
Prior legal practice is a prerequisite for some state and federal judgeships, but it’s not known if any jurisdiction requires a certain amount of prior trial experience.