An inspection of data on magistrates and justices of the peace revealed that in many states the statutes do not require law degrees for the positions. A survey of a randomly selected sample of magistrates in one midwestern state found support for the claim that a law degree was not a pre-requisite for a magistrate\u27s position. The author argues that social workers have the education and skills for magistrate and justice of the peace positions and proposes them as areas of employment

Maypole, Donald E.

English

University of Northern Iowa

Social Workers as Magistrates or JPs?

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The Journal of Sociology & Social WelfareVolume 11Issue 3 September Article 11September 1984Social Workers as Magistrates or JPs?Donald E. MaypoleUniversity of Northern IowaFollow this and additional works at: https://scholarworks.wmich.edu/jsswPart of the Law Commons, and the Social Work CommonsThis Article is brought to you for free and open access by the Social Work atScholarWorks at WMU. For more information, please contactmaira.bundza@wmich.edu.Recommended CitationMaypole, Donald E. (1984) "Social Workers as Magistrates or JPs?," The Journal of Sociology & Social Welfare: Vol. 11 : Iss. 3 , Article 11.Available at: https://scholarworks.wmich.edu/jssw/vol11/iss3/11SOCIAL WORKERS AS MAGISTRATES OR JPs?DONALD E. MAYPOLE, Ph.D., ACSWAssociate ProfessorDepartment of Social WorkUniversity of Northern IowaCedar Falls, IowaAbstractAn inspection of data on magistrates andjustices of the peace revealed that in manystates the statutes do not require law degreesfor the positions. A survey of a randomlyselected sample of magistrates in one mid-western state found support for the claim thata law degree was not a pre-requisite for amagistrate's position. The author argues thatsocial workers have the education and skillsfor magistrate and justice of the peacepositions and proposes them as areas of em-ployment.This study examines the commonly heldbelief that law degrees are required to holdlower-level judicial positions. The specificcharacteristics of magistrates in a midwesternstate are studied as an exemplar. What aretheir educational backgrounds? Must one be anattorney? What is their gender distribution?What legal knowledge is required? What prob-lems do they experience? The answers to thesequestions and others are supplemented by asocial worker's reflections on her serving asa magistrate. An inspection of the magistrateand justice of the peace court systems nation-wide is followed by the single-state studymethodology and findings.A study of the magistrate and justice ofthe peace (JPs) court systems in the U.S. wasconducted by referring to information pub-lished by the Conference of State CourtAdministrators and the National Center forState Courts (1982). In reference to Table I,it can be seen that twenty-five states havemagistrate and/or Justice of the peace/justicecourts. All of these courts seem to haveroughly similar responsibilities in handlinglower-level litigation and legal affairs.Other states, such as Wisconsin, have munic-ipal courts with roughly the same juris-diction, but the nation-wide variation wassuch in municipal courts that they were leftout of the study. In very few states are lawdegrees required of magistrates or justices,although several of the states mandatecompletion of law-related educational exper-iences.The magistrate system in Iowa wasdeveloped about ten years ago. The number ofmagistrates assigned to each county depends onthe size of the county. The responsibilitiesof the magistrate include: simple-misdemeanortrials (both jury and non-jury), searchwarrants, small claims (up to $1,000), initialappearances (ranging from simple-misdemeanorsto felonies), mental health/substance abusecommitments, marriages and preliminaryhearings (1979 Code of Iowa).-640Table IStates with Magistrate or Justice of thePeace/Justice Courts, Methods of selection andEducational RequirementsStatesAppointed ElectedAlaskaMagistrateArizonaMagistrate(city)Justice of thePeaceArkansasJustice of thePeaceCaliforniaJustice CourtDelawareJustice of thePeaceGeorgiaJustice of theYes No(locallydetermined)Peace XMagistrate (locally determined)IdahoMagistrateIowaMagistrateKansasMagistratex(varieswithcounty)x x(full time) (parttime)X X (cansubstitutecertification)-641-Appointed Elected Yes NoLouisianaJustice of thePeace X XMississippiJustice Court X X(education maybe substituted)MontanaJustice of thePeace X XNevadaJustice of thePeace X XNew MexicoMagistrate X X*New YorkJustice court (locally determined) XNorth DakotaJustice Court X XOregonJustice Court X XPennsylvaniaJustice of thePeace X XMagistrate (Pitts-burgh) X XSouth CarolinaMagistrate X XSouth DakotaMagistrate X XTexasJustice of thePeace X XUtahJustice of thePeace X XWashingtonJustice of thePeace X X X(depends oncases)-642-States cnDAppointed Elected Yes NoWest VirginiaMagistrate X XWyomingJustice of thePeace X X* Must be members of the bar, if jurisdictionis over 100,000 people.Magistrates deal with a wide range ofcommunity agencies, such as substance abuseagencies, mental health institutions, courtpre-trial services, department of corrections,sheriff's departments, police departments,highway patrol, juvenile probation and thedepartment of social services. The magi-strate's position requires a high of degree oftechnical competence to meet the statutoryresponsibilities of the office, to ensure justdecisions and to relate to the various kindsof community agencies. Applicants for theposition, however, need only be a countyelector under the age of 72.Licensed attorneys are given first consid-eration (1979 Code of Iowa). Selection ismade by the local judge and attorney membersof the local commission. This relative "open-endedness" permits flexible appointments,which, in turn, may lead to problems inmeeting the duties of the office.STUDY METHODOLOGYA cross sectional survey of countymagistrates was conducted during the fall of-443-1982. A random sample of 49 counties (in-cluding 76 magistrates) was drawn from theroster of 99 counties (with 166 magistrates)in the State, by using a table of randomnumbers.Data CollectionA paper and pencil questionnaire wasmailed to each of the 76 magistrates. Tendays later a second wave of questionnaires wasmailed. The questionnaire included both open-ended and closed-ended questions concerningopinions on the level and areas of educationwhich are required for the position of magi-strate, types of legal knowledge which areuseful in performing the duties, the humanrelation skills used, primary problems ofmagistrates and satisfaction with the positionof magistrate. To enhance internal face valid-ity, the questionnaire was pre-tested forclarity. The net questionnaire return ratefrom the 76 magistrates was 75 percent.FINDINGSSample CharacteristicsOf the respondents in the sample, 11 outof 57 (19.3%) are females as compared to 32(19.3) of the total state group of 166magistrates. Thirty-eight (67%) of the respon-dents have law degrees. The mean age for bothmales and females is 43 years, but for lawdegree holders it is 39 years and for non-lawdegree respondents it is 51 years. The meannumber of years a magistrate has served is5.28 (the maximum was 9 at the time of thesurvey which reflects the duration of themagistrate program in the study state).Seventy-five percent of the magistrates re-ported that they served in rural areas,reflecting the preponderantly rural nature of-644-the state.The first question asked was, "Whateducational background is sufficient to per-form the duties of a magistrate?" The resultsshown in Table 2 reveal that one-half of therespondents believe that a law degree is suff-icient. Of those respondents with law de-grees, 78 percent believe it is sufficient,but none of the respondents without lawdegrees agree.Table 2Sufficient EducationEducation N (%)High School 17 (30%)Bachelor's Degree 11 (20%)Master's Degree 0 (0%)Law Degree 28 (50%)Totals 56 (100%)The second question asked was, "Whateducational area of study is sufficient toperform the duties of a magistrate?" Table 3shows that fifty-six percent of the respon-dents believe an education in law is suff-icient, but twenty-six percent believe thatdifferent areas of study are sufficient.Nineteen percent of the respondents believethat no specific area is needed. Of thoserespondents with law degrees, 77 percent thinka law background is sufficient but of therespondents without law degrees, only 16-645-percent believe a law background is suff-icient. As shown in Tables 1 and 2, there isa close correlation between the number ofrespondents who believe that a law degree issufficient (50%) and those who believe thatformal education in law is sufficient (56%).Table 3Sufficient Areas of StudyArea N (%)Social Sciences 2 (4%)Political Science 1 (2%)Business 6 (11%)Law 30 (56%)Other 5 (9%)None 10 (19%)Total 54 101 **rounding errorLegal Knowledge RequiredThe respondents were next asked. "Whatspecific types of legal knowledge are requiredto perform the duties of a magistrate?" Theresults are listed in Table 4. As one wouldexpect in reading the magistrates' duties,knowledge of civil and criminal law, contractsand codes, court procedures and rules ofevidence is required. However, many of therespondents asserted that common sense and anability to search for information andprecedents in legal documents were alsoneeded. Certainly, the library skills invol-ved in document searches would be possessed bybaccalaureate graduates. Possession of a lawdegree is not an important factor in the-646-respondents, opinionsrequired.on legal knowledgeTable 4Legal Knowledge Required*Civil/Criminal Law & Procedure*State Contracts/Codes*Research Ability*Common Sense*Rules of Evidence*Basic Knowledge of Court ProcedureHuman Relation SkillsThe question, "What human relationsskills do you use in relating to a variety ofdefendants and plaintiffs" elicited a varietyof skills. The most frequently used skillsare listed in Table 5. Again, possession of alaw degree does not account for any variationin the listing. These skills involve those ofevery day human interaction; However, insocial work education, they are major topicsof study in the practice (including coun-seling) courses.Table 5Human Relations Skills Needed*Patience*Listening-647-*Common Sense*Fairness*Understanding*Explanation*Communication Skills*Non-PrejudicialProblems ExperiencedIn response to the question, "What arethe primary problems you experience in yourmagistrate job?" a length list was produced.The salient problems are noted in Table 6.Possession of a law degree was not a sig-nificant variable in relation to the magi-strates' opinions on the problems they ex-perience. Workload and paperwork are theusual bureaucratic types of organizationalproblems. Lack of sentencing options in-dicates structural defects in the courtsystem. Determining veracity and explainingprocedures to defendants will always benecessary.Table 6Problems Experienced*Lack of understanding procedureby defendant*Workload/time factor*Paperwork/bookkeeping*Lack of sentencing options*Determining who's telling thetruthSatisfaction with the PositionNinety-five percent of the respondentsreported being satisfied/very satisfied. Con-trolling for gender, possession of a lawdegree and rural/urban setting produced nostatistically significant differences betweengroups.DISCUSSIONAs indicated in Table 1, half of thestates have magistrate and/or justice of thepeace courts. Tables 2 and 3 show that onlyhalf of the total Iowa respondents believedthat a law degree or educational background inlaw is necessary to be a magistrate. Only 78percent of the magistrates who are attorneysbelieved that a law degree is necessary forthe position. The required human relationskills are not unique just to the magistrateposition, but rather reflect the genericskills needed in many types of positions inpublic and private sector jobs. None nec-essarily require that someone be collegetrained; however, in the helping professions,such as social work, they are skills learnedin the course of study. The problems exper-ienced by the respondents reflected theirorganizational setting, problems in thestructure of the laws (such as lack ofsentencing options) and a general public whichis understandably ignorant of the laws.Although a legal background is desirablein the role of magistrate (or its cousin, theJP) it is not a criterion which would preventhelping professionals from becoming magi-strates. Of the helping professions, socialworkers may be the best prepared, at thebaccalaureate level, because of their coun-seling and community oriented courses. If onepossesses the necessary human relations skillsand is willing to undergo the available legaltraining, the duties should be manageable.Magistrates in the study state attend a yearlytwo-three day training program. This manda-tory training program covers recent legaldecisions, new laws, administrative regula-tions, sentencing alternatives, pre-trial andtrial matters in criminal cases, small claimsand renting laws, judicial attitudes andperceptions, judicial conduct and decision-making. Other schools are held for nonlawyersthroughout the U.S. The National JudicialCollege in Reno, Nevada, encompasses one totwo weeks and covers constitutional basics,search and seizure, arrest warrants, pleas,arraignment, pre-trial release, preliminaryhearings, probable cause, legal researchtechniques, etc.Social work values (which are shared byother helping professons) can be used in thistype of position. Objectivity, fairness, con-cern for equality and empathy are highlyimportant. Individual human dignity and theright to self-determination, within the law,match social workers' concerns. Often usedsocial work skills include establishingrapport, collecting and evaluating data,applying knowledge of human behavior to socialsituations and the use of problem-solvingtechniques in case decisions. A social workbackground prepares one for working with re-presentatives of other agencies, as well asfor understanding community-level social prob-lems.Additional problems encountered bymagistrates are oftentimes those of keeping awell-balanced trial, when one side has anattorney and the other does not; trying togive a "mini-course" on the judicial systemprior to the beginning of a case; trying tokeep plaintiff and defendant emotions on aneven level; differences in opinion as tofinancial claims (especially when the decisionis not the one they want). Negotiating skillsare necessary, as well as the skill of em-pathizing with the client and with lawenforcement personnel.This study shows that attorney and non-attorney magistrates held differing views inregard to educational background and area ofstudy sufficient to perform the duties of amagistrate. Attorneys tend to believe that alaw degree is needed, but those without a lawdegree disagree. There is also a significantdifference in age between magistrates with lawdegrees and those without, which suggests thatthe position may be primarily an early careerendeavor for attorneys.The findings regarding human relationskills needed and problems encountered by themagistrates showed little significant differ-ence in opinions between attorneys and non-attorneys. This is significant, because itdemonstrates that regardless of the educationof the magistrate, they all encounter the sameproblems.A literature review revealed fewmaterials on law and social work preceding the1970s. Since the beginning of the 1970s,three themes have emerged. The first is theneed for social work education to includerelevant information on the legal system intoits curriculum (Jankovic and Green, 1981).The second relates social work to specificlegislation of legal questions (Dickson,1976). The third supports the need forcollaboration between attorneys and socialworkers (Sherrer, 1976). A fourth theme cannow be introduced, namely, social workersworking in the role of officers of the court,such as magistrates or JPs.The need for social workers to be know-ledgeable of civil and criminal law to workwith clients is well known. Usually thisbrings to mind specific social work employmentin corrections or child welfare; however, thisstudy finds that there are few concretebarriers to social workers taking magistratepositions in any states. Although a minor-ity, even some attorneys believe that a lawdegree is not necessary. Variations amongstates in their requirements for magistrates,will have to be studied by interested socialworkers.As potentially new areas of employment,the magistrate and justice of the peacesystems represent an opportunity for socialworkers. Social workers have the background,training and technical skills to work in thislegal area. As job opportunities constrict,the appeal of these jobs may increase.Appreciation is expressed to Ms. Debra Murphy-Schuermann, social worker and magistrate, forher assistance with the project. The projectwas funded by a grant from the GraduateCollege of the University of Northern Iowa.Conference of State Court Administrators andthe National Center for State Courts1982 State Court Organization 1980,Williamsburg, Va: National CourtStatistics Project.Dickson, Don1976 "Law in Social Work: Impact ofDue Process," Social Work, (July)21: 274-278.Jankovic, Joanne and Green, Ronald1981 "Teaching Legal Principles toSocial Workers," Journal ofEducation for Social Work, (Fall)17: 28-35.Scherrer, James1976 "How Social Workers Help Lawyers,"Social Work (July) 21: 279-283.State of Iowa1978 Volume III, Code of Iowa, Section602.42:71.-653-

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