A judge who is in a position to throw someone in jail has to be a lawyer, right? Well no, and the U.S. Supreme Court on Tuesday allowed this anomaly of American justice to persist.

Without comment, the court declined to review the case of Davis v. Montana, brought by two Montanans who were found guilty by juries of driving under the influence, and sentenced to prison by a judge who was not a lawyer. The judge, elected Justice of the Peace Linda Budeski, did have experience working in a chemical dependency program and a grocery store.

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