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Should Magistrates Be Attorneys?

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  • Should Magistrates Be Attorneys?

    There's a bit of debate going on in the Palmetto State right now about whether or not magistrates should be attorneys. Current guidelines require appointees to hold a baccalaureate degree, pass a qualifying exam, and observe some trials in another court before presiding. I'm wondering what CUF thinks.

    http://www.thesunnews.com/2010/09/12...s-debated.html
    11
    Yes
    45.45%
    5
    No, the current law is fine
    45.45%
    5
    Not necessarily, but only if they have a degree in a related field like criminology
    0.00%
    0
    No, the current guidelines are too strict
    0.00%
    0
    Unsure
    9.09%
    1
    "Wuap's "problem" is that he is smart & principled & committed to a moral course of action. His actions are supposed to reflect his ethical code.
    The rest of us rarely bother to think about our actions." --Solon

  • #2
    I know very little about this subject, but I can relate to the situation of rural areas not being able to attract applicants. Also, in our tough economy, this will result in increased costs. Finally, I have fundamental issues when requiring people to attain certain levels of education to work in various capacities. For instance, I don't think we should require people to have medical licenses to practice medicine.
    "Don't expect I'll see you 'till after the race"

    "So where does the power come from to see the race to its end...from within"

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    • #3
      Sure as long as you can become an attorney without going to law school.
      "If there is one thing I am, it's always right." -Ted Nugent.
      "I honestly believe saying someone is a smart lawyer is damning with faint praise. The smartest people become engineers and scientists." -SU.
      "Yet I still see wisdom in that which Uncle Ted posts." -creek.
      GIVE 'EM HELL, BRIGHAM!

      Comment


      • #4
        I'm pretty sure you don't need a law degree to practice in CA. That's why Citrus Belt Law School exists.

        Comment


        • #5
          Regardless of their credentials, I will still believe in being subject to them.
          "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

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          • #6
            Originally posted by Eddie Jones View Post
            Regardless of their credentials, I will still believe in being subject to them.
            Hard to be subject to attorneys. That's a long way down the totem pole.

            Comment


            • #7
              Originally posted by doctorcoug View Post
              I know very little about this subject, but I can relate to the situation of rural areas not being able to attract applicants. Also, in our tough economy, this will result in increased costs. Finally, I have fundamental issues when requiring people to attain certain levels of education to work in various capacities. For instance, I don't think we should require people to have medical licenses to practice medicine.
              Care to expound?
              "Wuap's "problem" is that he is smart & principled & committed to a moral course of action. His actions are supposed to reflect his ethical code.
              The rest of us rarely bother to think about our actions." --Solon

              Comment


              • #8
                Absolutely. Being a judge or a judicial clerk may be the only thing law school actually prepares law students to become. Without that base of knowledge, I think it's hard for a layperson to be a magistrate/justice of the peace effectively.

                That being said, if there are no attorneys willing to be the magistrate/JP, I'm okay with a layperson filling in so long as they meet certain requirements.
                Jesus wants me for a sunbeam.

                "Cog dis is a bitch." -James Patterson

                Comment


                • #9
                  Originally posted by wuapinmon View Post
                  Care to expound?
                  I think the rural issue is obvious.

                  In terms of increased costs, recruiting higher qualified employees will always cost more.

                  In terms of medical license, government intervention increases the costs to provide services. Consumers will seek out providers that have the qualifications that they desire. Some people are perfectly happy seeing midlevel providers. Other patients will only see a board certified physician. The barrier to entry acts as a supply ceiling, which causes inefficiency.

                  My specialty is at greatest risk by removing this requirement, but I know I will stay busy because of the numbers of Americans that want a board certified doctor.
                  "Don't expect I'll see you 'till after the race"

                  "So where does the power come from to see the race to its end...from within"

                  Comment


                  • #10
                    Originally posted by doctorcoug View Post
                    I think the rural issue is obvious.

                    In terms of increased costs, recruiting higher qualified employees will always cost more.

                    In terms of medical license, government intervention increases the costs to provide services. Consumers will seek out providers that have the qualifications that they desire. Some people are perfectly happy seeing midlevel providers. Other patients will only see a board certified physician. The barrier to entry acts as a supply ceiling, which causes inefficiency.

                    My specialty is at greatest risk by removing this requirement, but I know I will stay busy because of the numbers of Americans that want a board certified doctor.
                    Isn't this what's already happening with LPNs? I mean, if I have a rash or a minor cut, I don't see why an LPN and a pharmacist couldn't work together to get me something to help me that won't interact with what I'm already taking. If the rash worsens, then I go see you. Are you saying that there should be minimal licensing to practice medicine, or that people with more education RN, LPN, etc. should get more medical privileges?
                    "Wuap's "problem" is that he is smart & principled & committed to a moral course of action. His actions are supposed to reflect his ethical code.
                    The rest of us rarely bother to think about our actions." --Solon

                    Comment


                    • #11
                      Originally posted by wuapinmon View Post
                      Isn't this what's already happening with LPNs? I mean, if I have a rash or a minor cut, I don't see why an LPN and a pharmacist couldn't work together to get me something to help me that won't interact with what I'm already taking. If the rash worsens, then I go see you. Are you saying that there should be minimal licensing to practice medicine, or that people with more education RN, LPN, etc. should get more medical privileges?
                      Are you seriously okay with seeing an LPN and getting a prescription? An LPN? I would barely trust an LPN to change my bed pan.
                      Ain't it like most people, I'm no different. We love to talk on things we don't know about.

                      Dig your own grave, and save!

                      "The only one of us who is so significant that Jeff owes us something simply because he decided to grace us with his presence is falafel." -- All-American

                      "I know that you are one of the cool and 'edgy' BYU fans" -- Wally

                      GIVE 'EM HELL, BRIGHAM!

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                      • #12
                        Originally posted by falafel View Post
                        Are you seriously okay with seeing an LPN and getting a prescription? An LPN? I would barely trust an LPN to change my bed pan.
                        Crap, no. I meant nurse practitioner. Thanks.
                        "Wuap's "problem" is that he is smart & principled & committed to a moral course of action. His actions are supposed to reflect his ethical code.
                        The rest of us rarely bother to think about our actions." --Solon

                        Comment


                        • #13
                          Originally posted by wuapinmon View Post
                          Crap, no. I meant nurse practitioner. Thanks.
                          Nurse practicioners do write scripts, don't they? If not, the NP at my former Dr.'s office has a lot of explaining to do.
                          Jesus wants me for a sunbeam.

                          "Cog dis is a bitch." -James Patterson

                          Comment


                          • #14
                            Originally posted by RedSox View Post
                            Nurse practicioners do write scripts, don't they? If not, the NP at my former Dr.'s office has a lot of explaining to do.
                            Yes, but I think he means on a less-reviewed scale.
                            "Wuap's "problem" is that he is smart & principled & committed to a moral course of action. His actions are supposed to reflect his ethical code.
                            The rest of us rarely bother to think about our actions." --Solon

                            Comment


                            • #15
                              I don't think it should be state regulated. If an LPN wanted to take on the responsibility of managing diabetes, then so be it. Some bonehead out there would go there instead of a doctor because they can afford it. At least they get something.

                              A private sector regulating body would emerge that might actually solve some of our physician errors, since their reputation is on the line, as opposed to the great state of Utah. Patients will gravitate to those doctors/providers

                              Hopefully something like this might push us away from third party payers as we get cheaper care. This might then solve some of our primary care issues, which just don't follow simple open market economic principles (the highest in demand aren't paid the most, currently).
                              "Don't expect I'll see you 'till after the race"

                              "So where does the power come from to see the race to its end...from within"

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