Galveston County judge's courtroom ability raises concern
He's a pilot, not a lawyer
By HARVEY RICE, HOUSTON CHRONICLE

Galveston County Judge Mark Henry regularly presides over judicial proceedings even though he isn't a lawyer, a practice that worries some attorneys and judges.

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[What happens in your county?]

In our 3 counties the county judge hears misd., juvenile, and civil cases, and none of them are lawyers. They all do fine. No one thinks this is a problem.

I prosecute only felonies in district court, but I've never heard of any of our counties misdemeanor cases being overturned on appeal. My impression is that non-lawyer county judges listen to their county attorneys, and their C.A.'s don't lead them astray. Works fine.

As for non-lawyer county judges not able to hear a plea--that is even less of an issue. Anyone who prosecutes felony DWIs has seen prior DWI convictions from county judges who were not attorneys. Most of the time they are fine; sometimes they leave important stuff out. I blame the county attorney, not the judge, in those situations.

When I was a public prosecutor in Zimbabwe, the great majority of magistrates did not have a law degree, and probably only half of the public prosecutors had a law degree. It worked fine. A law degree is greatly over valued by some people.

I have had 6 County Court Judges and only one was an attorney. Some listen. Some don't. It can get frustrating when you have one that won't listen. They have all presided over jury trials, mostly DWIs, and that can be difficult even for an attorney judge. It is VERY difficult for a layman. We make sure our paperwork used in pleas stand on their own. We do not have court reporters in court most of the time so the paperwork is the only record of the pleas. I have been trying to get a CCL for 10 years but the bean counters are afraid to fund it even though I feel certain we can more than make up the cost.

i have worked with multimple county judges who are not attorneys. In most cases, they are so eager to do it correctly that they are more careful than attorneys who have become complacent.

Lisa L. Peterson
Nolan County Attorney